’H!GH COURT OF CHHATTI3GARH AT BILASPUR DIVISION BENCH Comm : HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI SUNIL KUMAR SINHA, J. M.C.C. No.152 of 2004 Oriental Insurance Co. Limited, Branch Jagdalpur, APPLICANT: APPELLANT District —Bastar (Chhattisgarh) Versus ® M APPLICATION FOR RESTORATION OF MA. No.726l2004 Present :‘ Shri A.K. Athaiey, learned counsel for the petitioner. ORDER (24“ September, 2008) The foliowing order of the Court was passed by Rajeev Gupta, C.J.: Learned counsel for the petitioner is heard on restoration petition. 2) The petitioner is seeking restoration of M.A. No‘726/2004, which was dismissed for want of prosecution vide order dated 01 1‘1 .2004. RESPONDENTS: 1f Sonadhar, S/o Samnath, aged about 45years. Smt; Jhunaki, Wlo Sonodhar, Aged about 4O years, Both Resident Gudhipara, Village - Keshapur, Jagdaipur, Distriet-Bastar (Chhattisgarh) 3. Yashwant S/o Lai, Munnuial, Age — years, Rio. Khaspata, Village Kanker, Tahsil - Jagdaipur, District- Bastar 3) On due consideration of the submissions of [earned counsef for the petitioner, we are satisfied that the absence of the petitioner’slappellant’s counsel on 01.11.2004 when MA. No.72612004 was taken up for hearing, was based on bone W grounds. 4) 1M.C,C. No.152/2004, therefore, is ailowed and M.A.V No.726i2004 .- H is restored to its original ,‘ numb/ei/i gai— Sd/- “a9 , Ju¢%e// CHIEF JUSTICE ,7 swim“ i mar gm é i K e