1 2026:CGHC:15446 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 320 of 2026 1 - Smt. Priti Gupta W/o Late Vikash Gupta Aged About 35 Years Occupation- House Wife, R/o Village- Lakhanpur, (Bazarpara) P.S. And Tahsil- Lakhanpur, District- Sarguja (C.G.) 2 - Ku. Ananya Gupta D/o Late Vikash Gupta Aged About 16 Years Occupation- Student, Minor Through Natural Guardian Mother Appellant No. 1 Smt. Priti Gupta W/o Late Vikash Gupta, Occupation- House Wife, R/o Village- Lakhanpur, (Bazarpara) P.S. And Tahsil- Lakhanpur, District- Sarguja (C.G.) 3 - Hani Gupta S/o Late- Vikash Gupta Aged About 7 Years Occupation- Nil, Minor Through Natural Guardian Mother Appellant No. 1 Smt. Priti Gupta W/o Late Vikash Gupta, Occupation- House Wife, R/o Village- Lakhanpur, (Bazarpara) P.S. And Tahsil- Lakhanpur, District- Sarguja (C.G.) 4 - Jamuna Prasad Gupta (Died) Nil SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.04.06 18:11:30 +0530 2 5 - Smt. Sharaswati Gupta W/o Late Jamuna Prasad Gupta Aged About 60 Years Occupation- Nil, R/o Village- Lakhanpur, (Bazarpara) P.S. And Tahsil- Lakhanpur, District- Sarguja (C.G.) ... Applicants versus 1 - Munna Khan S/o Noubat Khan Aged About 32 Years Occupation- Driver (Tankar Vehicle No. C.G. 15 A/1429) R/o Village- Chatakman, P.S.- Ranka District- Garhwa (Jharkhand) 2 - Sunil Kumar Agrawal S/o Shri Shyamlal Agrawal Aged About 40 Years Occupation- Business R/o Address- Main Road Takhatpur P.S. And Tahsil- Takhatpur, District- Bilaspur (C.G.) Registered Vehicle Owner Taker Vehicle No.- C.G. 15a/1429 3 - Anil Kumar Agrawal S/o Shri Jagarnath Agrawal Aged About 45 Years Occupation- Business, R/o- Agrasen Chowk Ambikapur, P.S. And Tahsil- Ambikapur, District- Sarguja (C.G.) Power Of Attorney 4 - Branch Manager Iffco- Tokio General Assurance Company Limited, Branch Office 3rd Flour 345-347 Lalganga Shoping Mall G.E. Road Raipur (C.G.) Pin- 492001 5 - Ashok Kumar Agarwal Through Sunil Agarwal R/o Main Road Takhatpur, Distt.- Bilaspur (C.G.) ... Respondent(s) (Cause title taken from CIS) 3 For applicant : Shri A.N. Pandey, Advocate Hon’ble Shri Bibhu Datta Guru, Judge Order on Board 06.04.2026 1. Heard on I.A. No.01/2025 an application for condonation of delay in filing the MCC (restoration application). 2. The present MCC has been filed seeking restoration of M.A.C No. 203/2017 arising out of award dated 30.11.2016 passed by the learned Motor Accident Claims Tribunal, Ambikapur in M.A.C. Case No. 232/2015, which was dismissed for want of prosecution on 10.04.2017. 3. Learned counsel for the applicants submits that due to a bonafide mistake, the counsel for the applicants could not notice the case in the cause list on the date of hearing and, therefore, could not appear before this Court, resulting in dismissal of the appeal. It is further submitted that the applicants were not aware of the dismissal of the appeal and came to know about the same only later upon inquiry, thereafter the present MCC has been filed. 4. The present MCC has been filed with a delay of 3127 days. SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2026.04.06 18:10:51 +0530 4 However, except for a vague and general statement regarding lack of knowledge and bonafide mistake, no sufficient, cogent and satisfactory explanation has been furnished to explain such an inordinate delay. There is no proper explanation accounting for each day’s delay nor any material placed on record to justify the prolonged inaction and negligence on the part of the applicants. 5. It is well settled that law of limitation is founded on public policy and a litigant cannot be permitted to approach the Court after an inordinate delay without showing sufficient cause. In the absence of any plausible explanation, the applicants have failed to make out a case for condonation of delay. 6. Accordingly, I.A. No. 01/2025 for condonation of delay is dismissed. Consequently, the MCC seeking restoration also stands dismissed. sd/- (Bibhu Datta Guru) JUDGE shoaib