?f HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J, •J Applicant Non-applicants IVI.C.C.No. 636 of 2011 Badri Prasad Ijardar, S/o Hem Prasad Ijardar, Aged about 64 years, Occupation - Retired Teacher and Agriculturist; R/o Village Banjari Tahsil- Sarangarh, District Raigarh VERSUS 1 Mular Singh Pankaj, S/o Peeru Pankaj (Owner of Tractor bearing NO.CG-13ZC/1698. 2. Daulat Ram Pankaj, S/o Mular Singh Pankaj (Driver of Tractor bearing NO.CG-13ZC/1698) Both R/o Village Reda Tahsit Sarangarh; District Raigarh (C.G.). ApDlication for restoration^fJVIisc. Appeal (Cl No.1237/2010 Present: Shri Rajendra Tripathi, counsel on behalf of Shri Vineet Pandey, counse! for the petitioner. Shri R.S. Patel, counsel for the respondents. ORDER >th (19mSeptember,2011) The following ofcler of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on the restoratiefh petition. y ^' f M.C.C.No.636of2011 subbu 2) The petitioner is seeking restoration of M.A.C.No.1237 of 2010, which was dismissed for want of prosecution vide order dated 01.09.2011. 3) On due consideration of the submissions of learned counsel for the parties and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioner's/appellant's counsel on 01.09.2011, When M.A.C.No.1237 of 2010 was taken-up for hearing, was based on bona fide grounds. 4) M.C.C. No. 636 of 2011, therefore, is allowed and M.A.C.No.1237 of 2010 is restored to its original number. 5) Shri R.S. Patel, learned counsel for the respondents prays for and is granted six weeks' time for filing fresh cross-objections in M.A.C.No.1237/2010 as earlier cross-objections filed by the respondents were dismissed as withdrawn on 01.09.2011 when the appeal was dismissed for want of prosecution. Sd/- Chief Justice Sdf- R.N. Chandrakar .ludge