^^s£K^ /{• HIGH COURT OF CHHATTISGARH AT BILASPUR DB: Hon'ble Shri Sunil Kumar Sinha & Hon'ble Shri Radhe Shvam Sharma. JJ. M.C.C.No.63/2011 Petitioner Vs. Lakhan Lal Chatun/edi aged about 59 years, S/o. Late Motilal Chaturvedi R/o. Village Jali, Near Ratanpur, P.0. Jali Tahsil Kota, District Bilaspur (CG) (Appellant) Respondents 1. Kanhaiya Lal Lanje S/o. Thanwar Lal Lanje (Vehicle Owner C.G. 04^B/0719) 2. Abhay Kumar Lanje S/o. Kanhaiya Lal Lanje (Vehicle Driver C.G. 04/ZB/0719) Both are R/o. Santoshi Nagar, .Tikra Para, Raipur (CG) 3. United India Insurance Company Limited, Regional Office Krishna Complex, First Floor, Kachari Chowk, Raipur (CG) (Respondents) Present: Mr. Anani Bajpai counsel for the applicant. Mr. M.K Bhaduri, counsel for respondents 1 & 2. Mr. Dashrath Gupta, counsel for respondent No.3. ORAL ORDER (12.09.2011.) Heard on I.A. No.1, an application for condonation ofdelayin filing the restoration application. 2. There is delay of four days. 3. On due consideration of the submissions made by learned counsel for the parties and the grounds taken in the applicatjon, we are satisfie^ that the applicant has shown sufHcient cause for not filing the appiication in time and the delay in filing the application deserves to be condoned. y^*^. .•^-.sr'''^ ^ I 'S^ISsk B ''?< ^:.,.' .Jt '^.js^ M.C.C. N0.63/.2011 \(o 4. The application is allowed and the delay in filing the restoration application is hereby condoned. 5. Also heard on restoration application. 6. The applicant is seeking restoration of Misc. Appeal No. 1230/2005 which was dismissed for want of prosecution on i.12.2010, as none appeared on behalfofthe applicant on the said date, when the matter was taken up for hearing. 7. On due consideration of the submissions made by learned counsel for the parties and the grounds taken in the restoration application, we are satisfied that the absence of learned counsel for theapplicant on 06.12.2010 whenM.A. No.1230/2005 wastaken up for hearing was based on bonafide grounds and the restoration application deservesto be allowed. 8. Accordingly, M.C.C. No.63/2011 is allowed and M.A. N0^1230/2005 is restored to its original number. Sd/- Sunil Kumar Sinha Judge Sd/- Radhe Shyam Sharma Judee Bini