HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellant (Owner Vehicle/Trolley) M.C.C. No. 535 of 2011 Ghasiya Ram S/o Shri Ram Ratan Sahu, aged about 53 years, r/o Vill MudapaFa, PS Palari, OP Gidhpur, Distt Raipur (CG) VERSUS Non-applicants (Claimant-1) (Claimant-2) (Claimant -3) (Claimant -4) (Driver) 4 (Insurance Co.) 6 Uttara Bai, w/o Late Khubirma Sahu, aged about 24 years Ku Vandana (Minor) d/o Khubiram Sahu, aged about 6 years Mithilesh (Minor) s/o Khubiram Sahu, aged about 4 years Neera Bai w/o Ghasiya, aged about 45 years (Respondents No.2 to 3 through natural guardian their mother Uttara Bai (Respondent No.1) (Respondent No.1 to;4 are the resident of village : Mudpar, Police Station Palari, Police Out Post: Gidhpur, district : Raipur of Chhattisgarh) Raghiipath Dhruw s/o Matt Ram Dhruw, aged about 32 years, by Caste : Gond, r/o Village Muswadih, PS Khrora, District Raipur of Chhattisgarh The New India Insurance Company Limited, Zonal Office No.2, Jivan Bima Marg, Pandri, District ; Raipur of Chhattisgarh /^\ f/~~"^ "%, '•st S t-ssSBS^ !s \. -^y "s^g3--S'Zagf M.C.C.No.535 of 2011 ARplication for restoratjon of M.A.C. No. 712 of 2009 Present: Shri DK Vishwakarma, counsel for the petitioner. ORDER •th (26InAugust,2011) The following order of the Couri: was passed by Rajeev Gupta, C.J. Shri DK Vishwakarma, learned counsel for the petitioner is heard on I.A.No.01/2011, an application for condonation ofthe delay in filing the restoration petition. 2) On due consideration of the submissions of learned counsel for the petitioner and the grounds taken in the application, we are satisfied that the petitioner has 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 DK Vishwakarma, learned counsel for the petitioner is heard on the restoration petition. 5) The petitioner is seeking restoration of;M.A.C. No.712 of 2009, which was dismissed for want of prosecution vide order dated 15.12.2009. 6) On due consideration gf the submissions of learned counsel for the petitioner and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioner's/appellant's counsel on 15.12.2009, when M.A.C. No.712 of 2009 was taken-up for hearing, was based on bona fide grounds. '?•'. .../-•' M.C.C. No. 535 of 201 1 7) M.C.C. No. 535 of 2011, therefore, is allowed and M.A.C. No.712 of 2009 is restored to its original number. ,^- ^^^'Sdf- Sd/- The Chief Justice ^k^ ^'^^ mmnu ~^^