Smt.Malti Devi vs Santosh Kumar Soni on 25 March, 2022

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Madhya Pradesh High Court

Smt.Malti Devi vs Santosh Kumar Soni on 25 March, 2022

Bench: Nandita Dubey

                                                                            1
                                               IN THE HIGH COURT OF MADHYA PRADESH
                                                            AT JABALPUR
                                                                   BEFORE
                                                     HON'BLE SMT. JUSTICE NANDITA DUBEY
                                                            ON THE 25th OF MARCH, 2022

                                                      MISC. CIVIL CASE No. 696 of 2022

                                      Between:-
                         1.           SMT.MALTI DEVI W/O LATE SHRI ROHNI PRASAD SHUKLA
                                      , AGED ABOUT 53 YEARS, R/O VILLAGE TALA
                                      BANDHAVGARH, P.S.MANPUR, DISTRICT UMARIYA(M.P.)

                         2.           JITENDRA PRASAD SHUKLA S/O LATE ROHNI PRASAD
                                      SHUKLA , AGED ABOUT 33 YEARS, R/O VILLAGE-TALA
                                      BANDHAVGARH, PS MANPUR, DISTRICT-UMARIYA(MP)

                         3.           MAHENDRA SHUKLA (DEAD) THROUGH ITS LAGAL
                                      HEIRS/WIFE SMT. ALKA SHUKLA W/O LATE MAHENDRA
                                      SHUKLA , AGED ABOUT 35 YEARS, R/O VILLAGE-TALA
                                      BANDHAVGARH, P.S. MANPUR, DISTRICT-UMARIYA(MP)

                         4.           LALJI SHUKLA S/O LATE ROHNI PRASAD SHUKLA , AGED
                                      ABOUT 26 YEARS, R/O VILLAGE-TALA BANDHAVGARH, PS
                                      MANPUR, DISTRICT-UMARIYA(MP)

                                                                                                         .....APPLICANT
                                      (By Shri Priyank Awasthi, Advocate)

                                      AND

                         1.           SANTOSH KUMAR SONI S/O GOPINATH SONI R/O VILLAGE
                                      -MANPUR, P.S.MANPUR, TEHSIL MANPUR (MADHYA
                                      PRADESH)

                         2.           VIRENDRA VISHKARMA S/O B.L. VISHKARMA R/O
                                      VILAGE-MANPUR, .S. MANPUR, TEHSIL MANPUR,
                                      DISTRICT-UMARIYA (MADHYA PRADESH)

                         3.           BRANCH MANAGER, THE ORIENTAL INSURANCE CO. LTD.
                                      R/O MANENDRAGARH ROAD, NEAR AMBEDKAR SQUARE,
                                      AMBIKAPUR, SARGUJA (CHHATTISGARH)

                                                                                                      .....RESPONDENTS




                                                                       ORDER

Heard on MCC as well as on I.A. No.3065/2022, an application for condonation of delay.

This MCC is filed for restoration of M.A. No.1987/2011, which was dismissed for Signature Not Verified SAN non-compliance of peremptory order dated 28.11.2016.

Digitally signed by BHARTI GADGE

The contention of learned counsel for the applicant is that the earlier counsel did not Date: 2022.03.25 16:01:15 IST 2 inform the applicant regarding the peremptory order and thereafter the circumstances were beyond his control. He did not know that the appeal has been dismissed, therefore, he could not contact his counsel. It is submitted that for the fault of the counsel, the party could not be penalized. It is pointed out by the learned counsel for the applicant that the Insurance Company has already filed an appeal against the award which is pending.

Considering the aforesaid, this MCC as well as an application for condonation of delay are allowed. M.A. No.1987/2011 is restored to its original number subject to payment of cost of Rs.2,000/- (Rs.Two Thousand Only) to be deposited within a period of seven days from today online in the National Defence Fund (NDF), and the receipt of the same be filed in the Registry. In case, the receipt is not filed, matter shall not be restored.

After restoration list the Misc. Appeal along with M.A. No.1624/2011. Office is directed to place a copy of this order in the restored M.A. With the aforesaid direction, this MCC stands finally disposed of.

(NANDITA DUBEY) JUDGE b Signature Not Verified SAN Digitally signed by BHARTI GADGE Date: 2022.03.25 16:01:15 IST

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