Madhya Pradesh High Court
U.P. Road Transport Corporation vs Kamal Singh on 5 October, 2021
Author: Anand Pathak
1
M.C.C.No.1138/2020
HIGH COURT OF MADHYA PRADESH
BENCH AT GWALIOR
:SINGLE BENCH:
{HON'BLE SHRI JUSTICE ANAND PATHAK}
MCC NO.1138/2020
Regional Manager & Anr.
Vs.
Kamal Singh & Ors.
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Shri Prashant Sharma and Shri Prashant Singh Kaurav, learned counsel
for the applicants.
Shri Ravindra Sarvate, learned counsel for respondents No.1to4.
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ORDER
th
(Passed on 5 day of October, 2021)
1. Heard on I.A.No.3497/2020, an application for condonation of
delay through virtual hearing mode.
2. On due consideration and the reasons assigned in the application,
delay occurred in filing of this restoration application appears to
be bona fide. Hence, application for condonation of delay is
allowed and delay in preferring the restoration application is
hereby condoned.
3. Heard on admission.
4. The present MCC has been preferred by the applicants seeking
restoration of M.A.No.2845/2017 which was dismissed vide
order dated 18-06-2019 in absence of counsel for the applicants
because of call given by the State Bar Council.
5. It is the grievance of the applicants that M.A.No.2845/2017 has
been preferred against the award dated 11-08-2017 passed by the
M.C.C.No.1138/2020
Additional Member Motor Accident Claims Tribunal, Karera
District Shivpuri in Claim Case No.07/2004. Matter was pending
consideration before the Court. On 18-06-2019 lawyers were
abstaining from work on a call given by the State Bar Council,
therefore, they did not appear. On the said date, after perusing the
record, Coordinate Bench discussed the case on merits and
dismissed the appeal preferred by the applicants. Through this
MCC, applicants intend to revive M.A.No.2845/2017. Learned
counsel for the applicants placed reliance over the judgment of
Apex Court in the matter of Shri Prabodh Ch. Das and Anr. Vs.
Mahamaya Das and Ors., AIR 2020 SC 178.
6. Learned counsel for the respondents opposed the prayer and
submits that since case has decided on merits, therefore, no case
for restoration is made out. Restoration application is barred by
time. He prayed for dismissal of restoration application.
7. Heard learned counsel for the parties.
8. This is a case where M.A.No.2845/2017 has been preferred
under Section 173 of Motor Vehicles Act taking exception to the
award dated 11-08-2017 passed by the Additional Member Motor
Accident Claims Tribunal. Matter was pending consideration on
dated 18-06-2019 when applicants did not appear because of call
given by the State Bar Council and lawyers abstained from work.
The said abstention is contrary to the mandate of Apex Court as
reflected in Ex Captain Harish Uppal Vs. Union of India,
M.C.C.No.1138/2020
(2003) 2 SCC 45 as well as Division Bench of this Court in
Praveen Pandey Vs. The State of Madhya Pradesh, 2018 (4)
MPLJ 574 whereby said practice has been deprecated.
9. Perusal of order dated 18-06-2019 reveals that matter was
decided on merits and submissions of applicants have been taken
care of in detail. Besides that, judgment relied by the applicants
moves in different factual realm because said judgment is in
respect of Order XLI of CPC (appeal from original decree) and
present case is Miscellaneous Appeal under the provisions of
Motor Vehicles Act. Therefore, both the jurisdictions are
different.
10. Even otherwise when the case has been decided on merits, then
review petition in the garb of this restoration application is being
made by the applicants which is not permissible. Since the order
is passed on merits and not due to absence of counsel for the
applicants, therefore, plea of restoration is misplaced. Further,
case is filed after almost one and half year because order has
been passed on 18-06-2019 and present application has been
preferred on 12-10-2020.
11. Resultantly, application for restoration sans merits and is hereby
dismissed.
(Anand Pathak)
Judge
Anil*
ANIL Digitally signed by ANIL KUMAR
CHAURASIYA
DN: c=IN, o=HIGH COURT OF
KUMAR
MADHYA PRADESH BENCH
GWALIOR, ou=HIGH COURT OF
MADHYA PRADESH BENCH
GWALIOR, postalCode=474001,
CHAURASI st=Madhya Pradesh,
2.5.4.20=8512f40a1a9eaa50b6802d0
68b51dae27e84c266b09d283f0799e
YA
67cdc7df50f, cn=ANIL KUMAR
CHAURASIYA
Date: 2021.10.05 13:51:34 -07'00'
