Madhya Pradesh High Court
MCC/182/2024 of PRATYUSH PANDEY ALIAS AYUSH PANDEY Vs RAJBAHORE KOL on 2 February 2024
COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI
1
IN THE HIGH COURT OF MADHYA PRADESHAT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE DWARKA DHISH BANSALON THE 2[nd] OF FEBRUARY, 2024
MISC. CIVIL CASE No. 182 of 2024
BETWEEN:-
PRATYUSH PANDEY ALIAS AYUSH PANDEY S/O SHRIASHOK PANDEY, AGED ABOUT 5 YEARS, OCCUPATION:MINOE THROUGH NATURAL GUARDIAN SHRI ASHOKPANDEY S/O BYANKAT PRASAD PANDEY AGE ABOUT 35YEARS R/O WARD NO. 3, NAGAR PANCHAYATCHURAHAT, P.S. AND TEHSIL CHURAHAT, DISTRICTSIDHI (MADHYA PRADESH)
(BY SHRI V.P. SINGH - ADVOCATE )
.....APPLICANT
AND
1.RAJBAHORE KOL S/O SUKHLAL KOL, AGEDABOUT 35 YEARS, R/O VILLAGE PADKHURI 586,POLICE STATINO AND TEHSIL CHURAHATDISTRICT SIDHI (MADHYA PRADESH)ABOUT 35 YEARS, R/O VILLAGE PADKHURI 586,POLICE STATINO AND TEHSIL CHURAHATDISTRICT SIDHI (MADHYA PRADESH)
2.DEEPANKAR PANDEY S/O SHRI RAMSAJIWANPANDEY R/O VILLAGE CHURAHAT WARD NO.6P.S. AND TAHSIL CHURAHAT DISTRICT SIDHI(OWNER OF VEHICLE NO. TATA 407 NO. MP 53GA/3289) (MADHYA PRADESH)PANDEY R/O VILLAGE CHURAHAT WARD NO.6P.S. AND TAHSIL CHURAHAT DISTRICT SIDHI(OWNER OF VEHICLE NO. TATA 407 NO. MP 53GA/3289) (MADHYA PRADESH)
3.CHOLA MANDLAM MS. GENERAL INSURANCECOMPANY LIMITED , BRANCH OFFICE NEARVIJAY FILLING STATION NORTH KARONDIYA,SIDHI TAHSIL GOPAD BANAS, DISTRICT SIDHI(MADHYA PRADESH)COMPANY LIMITED , BRANCH OFFICE NEARVIJAY FILLING STATION NORTH KARONDIYA,SIDHI TAHSIL GOPAD BANAS, DISTRICT SIDHI(MADHYA PRADESH)
.....RESPONDENTS
This application coming on for admission this day, the court passed the following:
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ORDER
Heard on the question of admission.
2. The present application has been filed for restoration of M.A.No.2304/2021, which was dismissed for want of prosecution vide order dated09.01.2024
3. Considering the averments made in the application, this Court finds thatsufficient cause is shown for restoration of the Misc. Appeal.
4. Accordingly, MCC is allowed.
5. M.A. No.2304/2021 is restored to its original number subject to payment ofcost of Rs.2,000/- (Two thousand only) payable to the State Legal ServicesAuthority, Jabalpur, within a period of seven working days, failing which theorder of dismissal of Misc. Appeal shall remain intact. However, it is made clearthat the applicant/appellant shall not be entitled for any interest for the periodtaken in restoration of the misc. appeal.
6. A copy of this order be kept in the file of M.A. No.2304/2021.
7. Pending application(s), if any, shall stand disposed off.
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(DWARKA DHISH BANSAL)JUDGE