Malgujar vs Kamta Prasad@Vinod Patel on 26 September, 2023

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Madhya Pradesh High Court

Malgujar vs Kamta Prasad@Vinod Patel on 26 September, 2023

Bench: Maninder S. Bhatti

                                                           1
                           IN    THE       HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                       BEFORE
                                       HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                            ON THE 26 th OF SEPTEMBER, 2023
                                            MISC. CIVIL CASE No. 1791 of 2023

                          BETWEEN:-
                          1.    MALGUJAR S/O BABULAL PATEL, AGED ABOUT 40
                                YE A R S , OCCUPATION: SRVICE R/O VILLAGE
                                PAGRA POLICE STATION RAMPUR BAGHELAN
                                TEHSIL AMARPATAN DISTRICT SATNA (MADHYA
                                PRADESH)

                          2.    RAMPAL @ KALLU S/O RAM KUMAR PATEL,
                                AGED ABOUT 21 YEARS, OCCUPATION: DRIVER
                                R/O VILLAGE KALLA TEHSIL AND P.S.
                                AMARPATAN   DISTRICT   SATNA   (MADHYA
                                PRADESH)

                                                                                       .....APPLICANT
                          (BY SHRI ASHOK KUMAR TIWARI - ADVOCATE)

                          AND
                          1.    KAMTA PRASAD@VINOD PATEL S/O RAM
                                BAHADUR PATEL, AGED ABOUT 105 YEARS,
                                VILLAGE KALLA TEHSIL AND POICE STATION
                                AMARPATAM     DISTRITSSATNA AMARPATAN
                                DISTRICT SATNA (MADHYA PRADESH)

                          2.    THE NATIONAL INSURANCE COMPANY LTD.
                                THROUGH ITS BRANCH MANAGER DISTRICT
                                SATNA (MADHYA PRADESH)

                                                                                    .....RESPONDENTS


                                This application coming on for admission this day, the court passed the
                          following:
                                                            ORDER

This application is filed seeking restoration of M.A. No.1098/2004 which has been dismissed for want of prosecution vide order dated 06-07-2023.

Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 9/27/2023 4:23:52 PM 2

2. Learned counsel for the applicants contends that on account of inadvertent and bonafide error, appearance could not be entered when the said M.A. was taken up for hearing. It is further contended by the learned counsel for the applicants that in terms of the order dated 12-09-2023 a copy of this MCC has been supplied to Shri Saurabh Pathak, who had appeared on behalf of the respondent No.1 in M.A. No.1098/2004. Cause list reflects the name of Shri Saurabh Pathak, but there is no appearance on behalf of the respondent.

3. Considering the application for restoration which is supported by an affidavit of the counsel, the same is allowed.

4. Let. M.A. No.1098/2004 be restored to its original number. A copy of this order be placed with the record of M.A. No.1098/2004.

(MANINDER S. BHATTI) JUDGE ac Signature Not Verified Signed by: AJAY KUMAR CHATURVEDI Signing time: 9/27/2023 4:23:52 PM

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