1 / 3 CGHC010325612026 2026:CGHC:39055 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 831 of 2026 Dinesh Modi (Dead) Through Legal Heir 1. Sangeeta Modi W/o Late Dinesh Modi, Aged About 45 Years 2 - Devansh Modi (Minot) Aged About 17 Years Represented By Natural/ Legal Guardian Sangeeta Modi (Mother) Both R/o 126/1, Main Road, Gandhi Chowk, Dayalband, Bilaspur, Tahsil and District Bilaspur Chhattisgarh ... Applicants versus Ashutosh Sao S/o Shivpratap Sao Aged About 39 Years R/o Krishna Nagar Ward, Juna Bilaspur, Tahsil And District Bilaspur Chhattisgarh ... Respondent For Applicants : Mr. Manish Nigam, Advocate For Non- Applicant : Ms. Apoorva Ghore, Advocate (Hon’ble Shri Justice Bibhu Datta Guru) Order on Board 03/09/2026 1. Heard on the application for restoration of Second Appeal No.531/2018, which came to be dismissed for non-compliance of the order dated 11.03.2026. 2. Learned counsel appearing for the applicants submits that the aforesaid second appeal was listed before this Court on 10.03.2026 and ASHUTOSH MISHRA Digitally signed by ASHUTOSH MISHRA Date: 2026.09.05 16:43:16 +0530 2 / 3 11.03.2026. On 11.03.2026, as the arguing counsel was not available, time was sought on behalf of the appellants, which was granted by this Court subject to payment of cost of Rs.5,000/- to the C.G. High Court Bar Association Library Fund, with a stipulation that in the event of non- payment of the said cost, the appeal would stand dismissed. It is further submitted that the aforesaid order could not be brought to the notice of the present applicants by their counsel and, therefore, the applicants remained unaware of the direction regarding payment of costs. It was only when the case status was subsequently checked online that the applicants came to know that the second appeal had been dismissed on account of non-compliance of the direction regarding payment of costs. Learned counsel further submits that the applicants are ready and willing to comply with the order dated 11.03.2026 and to deposit the costs as directed by this Court. It is, therefore, prayed that Second Appeal No.531/2018 be restored to its original number. 3. No opposition from the opposite counsel. 4. Having considered the submissions advanced by learned counsel for the applicants and upon perusal of the restoration application as well as the affidavit filed in support thereof, this Court finds that sufficient grounds have been made out for recalling the order whereby Second Appeal No.531/2018 came to be dismissed for non-compliance of the direction regarding payment of costs. Consequently, the order dated 11.03.2026 passed in Second Appeal No.531/2018, insofar as it resulted in dismissal of the appeal for non-payment of costs, is hereby recalled. 3 / 3 5. Accordingly, Second Appeal No.531/2018 is directed to be restored to its original number, subject to the applicants depositing a sum of Rs.5,000/- towards costs with the C.G. High Court Bar Association Library Fund. The applicants shall also comply with the order passed by this Court on 11.03.2026 (i.e. payment of Cost) within a further period of 20 days from today, failing which this order shall lose its efficacy. 6. With the aforesaid directions, the MCC stands disposed of. SD/- SD/- (Bibhu Datta Guru) JUDGE ashu