HjGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHR! PRASHANT KUMAR MISHRA, J, MCC No.198of2010 Applicant Appellant The Oriental insurance Company Limited, Nagpur, Through Divisional Manager, Malviya Nagar, Durg, Tahsil & District Durg (CG) Non-applicants Respondents 1 2 3 VERSUS Smt Rekha Sahu, W/o Late Shailesh Sahu, aged about 24 years Ku Megha Sheetal, S/o Late hailesh Sahu, sged about 4 years Rakesh Kumar S/o Late Shailesh Sahu, aged about 4 years Ku Deepti, S/o Late Shailesh Sahu, aged about 2 years through guardian mother Smt Rekha Sahu Munshlram S/o Indravan Sahu, aged about 55 years 6 Smt Bahatarin Bai, W/o Munshiram Sahu, aged about 55 yeare Al! permanent R/o Deputy Signal Bairgadbadi, Durga l\4ata Chowk, Post - Kalmana, Nagpur (MS) At present through : Narmada Sahu, Behind Bunkar Sangh, Santara Badi, Durg, Tahsii & Dlstt Durg (CG) 7 Sanjay Yadav, S/o Vilas Yadav, Age 22 years, R/o 156 Vandevi Nagar, Vanjari Ley out, PO Nagpur, Tahsil & Distt Nagpur (Maharastraa) ApDlication for restoration of MA No.lSS/ZOOS ~*. JJ Present : Shri AK Athaley, counsel for the petitioner. ORDER {16th Apri!, 2010) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the petitioner is heard on IA No.1/2010, a petitlon for condonation of the detay in fitlng the restoration petition. 2) On due consideratlon, IA No. 1/2010 Is allowed and the delay in flling the restoration petition Is hereby condoned. 3) Learned counsel for the petitioner is heard on the restoration petitlon. 4) The petitioner/lnsurance Company is seeking restoration of MA No.155/2005 whlch was dismissed for want of prosecution vide orderdated 17.12.2009. 5) On due consideration of the submtssions of leamed counsel for the petitioner and the grounds taken in the restoratlon petition, we are satisfied that the absence of the petitioner's/appellant's counsel on 17.12.2009, when MA No.155/2005 was taken up for hearing was based on bona ffde grounds. 6) MCC No.198 of 2010, therefore, is allowed and MA No.155/2005 is restored to its original number. Sd/- Chief Justice padma Sd/- Prashant Kumar Mishra Judge