H HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Appellants Respondents IVI.C.C.No.714of2011 1 Smt Beena Chatterjee, W/o Late Gautam Chaterjee, Aged about 39 years R/o village Krishna Nagar, Kerwasheela, PS Ramanujganj, Tehsil: Pal, Dist Surguja (CG) 2 Smt Sandhya Haldar, W/o Shri Pradeep Haldar Aged about 23 years, R/o Village Krishna Nagar, (Kerwasheela) PS Ramanujganj, Tehsil: Pal, Dist Surguja (CG) 3 Gokul Chatterjee, W/o Late Gautam Chatterjee, Aged about 6 years, Minor Through LR Smt Beena Chatterjee aged about 39 years, R/o Village Krishna Nagar, PS Ramanujganj, Tehsil : Pal, Dist Surguja (CG) VERSUS -^ 1. Amit Kumar Shrivastava, S/o Umesh Chandra Shrivastava aged about 30 years (Owner of vehicle ) R/o Village Namnakala, Near Power House, PS Gandhinagar, Tehsil : Ambikapur Distt Surguja (CG) 2. Deepak Pandey alias Peeyush Pandey, S/o Vidyasagar Pandey aged about 26 years, R/o Department of Irrigation, Ambikapur, Distt Surguja (CG) & Saheli Gali, Kedarpur, PS Ambikapur, Distt Surguja (CG) 3. Manager, United India Insurance Co. Ltd., Branch Ambikapur, Near Ram Mandir, Ambikapur, Dist Surguja (CG) '•l~--''^v '\ 's:^ '' ':<,l>- v;,\ --:-;:; ff M.C.C.No. 714 of 2011 ApDlication for restoration of the MAC No. 1117 of 2010 Present: Shri N. Naha Roy, counsel for the petitioners. ORDER (17th October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri N. Naha Roy, learned counsel for the petitioners is heard on I.A.No.01/2011, an application for condonation of the delay in filing the restoration petition. 2) On due consideration of the submissions of learned counsel for the petitioners and the grounds taken in the restoration petition, we are satisfied that the petitioners have succeeded in showing sufficient cause for the delay in filing the restoration petition. 3) I.A.No.01/2011, therefore, is allowed and the delay in filing the restoration petition is hereby condoned. 4) Shri N Naha Roy, learned counsel for the petitioners is heard on the restoration petition. 5) The petitioners are seeking restoration of M.A.C. No.1117 of 2010, which was dismissed for want of prosecution vide order dated 09.03.2011. 6) On due consideration of the submissions of learned counsel for the petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the ^ iksgX^. M.C.C.No. 714 of 2011 subbu petitioners'/appellants' counsel on 09.03.2011, when M.A.C. No.1117 of 2010 was taken-up for hearing, was based on bona fide grounds. 7) M.C.C. No. 714 of 2011, therefore, is allowed and M.A.C. No.1117of2010 is restored to its original number. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge