Civil Case No. 1310 of 2023 · Madhya Pradesh High Court

(SHRI AMIT SINGH CHAUHAN, ADVOCATE) .....APPLICANT AND

#3. SURESH S/O HARIRAM PRAJAPATI, AGED ABOUT 22 YEARS, OCCUPATION: DRIVER R/O VILALGE PALASI TEHIL NASRULLAGANJ DISTT. SEHORE (MADHYA PRADESH) SMT. KAMLA JAISWAL OCCUPATION: OWNER INDORE MADHUBAN COLONY, DISTRICT (MADHYA PRADESH) BRANCH MANAGER BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LTD. COMMERCE HOUSE, 7, RACECOURSE ROAD, INDORE M.P. (MADHYA PRADESH) (NONE) .....NON-APPLICANTS) This application coming on for admission this day, the Court passed the following: Perused the record. ORDER T his MCC has been filed under Order 41 Rule 19 of C.P.C for restoration of M. A. No.786/2018, which was dismissed on 29.06.2018 for non- Signature Not Verified Signed by: GEETA PRAMOD Signing time: 05-12-2023 10:56:12 compliance of peremptory order dated 09.04.2018. 2

#2. Since the same is barred by time, an application i.e. IA No.6981/2023 has been filed u/S 5 of the Limitation Act seeking condonation of delay. The application is barred by 1829 days.

#3. Counsel for the applicant submits that he was not aware of the dismissal order therefore, the delay has occurred in filing the application, which is duly supported by affidavit of the applicant. Counsel for the applicant also submits that he is ready to bear the consequences in filing the delayed condonation application as he is not claiming the interest of this period on the claimed/enhanced amount.

#4. Looking to the averments made in the application, IA No.6981/2023 is allowed and the delay in filing the restoration application is hereby condoned.

#5. Consequently, MCC No.1310/2023 stands allowed and M.A. No.786/2018 is restored to its original number for hearing on merit, subject to the condition that interest of 1829 days shall not be claimed incase the appellant succeeds.

#6. Let a copy of this order be kept in the record of M.A. No.786/2018. (GAJENDRA SINGH) JUDGE Signature Not Verified Signed by: GEETA PRAMOD Signing time: 05-12-2023 10:56:12