|/0 HIGH COURT OF CHHATTISGARH AT BILASPUR DJVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI G. MINHAJUDDIN, J. MCC No.793 of 2011 Applicants 1. Smt. Baisakhin Bai, age 29 years, w/o late Amar Singh Nishad, 2. Ku. Anjani Bai, aged about 09 years, (minor) d/o late Amar Singh Nishad, 3. Ku. Urvashi Bai, aged about 07 years, (minor) d/o late Amar Singh Nishad, 4. Harprasad, aged about 05 years, (minor) s/o late Amar Singh Nishad, 5. Ku. Chandrika, aged about 03 years, (minor) s/o late Amar Singh Nishad, 6. Rupesh Kumar Nishad, aged about 07 years, (minor) s/o late Amar Singh Nishad, 7. Dashru Ram Nishad, aged about 51 years, s/o late Budhuram Nishad 8. Smt. Sukalhin Bai, aged about 46 years, w/o Dashru Ram Nishad (Minor appellant No.2 to 6 are represented by the appellant no.1 , Mother in relation) All the above are r/o village Kedia - Dhih, PS Tumgaon, Tahsil & Distt Mahasamund (CG) VERSUS Respondents 1. Ramdhin, age 28 years, s/o Bisahuram Dhrue, r/o vitlage Maroud, P.S. Tumgaon, district F w^ '^"^w*^ MCCNo.793of2011 \^ Mahasamund, C.G. (Driver of Tractor No. C.G.06/A/8010 & its Trolley NO.C.G.06/A/8011) 2. Daram Lal Patel, age 38 yrs, s/o Narsingh Patel, r/o village Nandmaru, P.S. Tumgaon, district Mahasamund C.G. (Driver of Tractor No. C.G.06/A/8010 & its Trolley No.C.G.06/A/8011) Correctly he is owner 3. The New India Insurance Company Limited, Head Office at Madina Building, Jail Road, Raipurand district Raipur C.G. (Ins. Com. of Tractor No. C.G.06/A/8010&itsTrolley NO.C.G.06/A/8011) ApDlication for restoration Present: Shri JA Lohani, counsel for the petitioners. ORDER (28th November, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri JA Lohani, learned counsel for the petitioners is heard on the restoration petition. 2) The petitioners are seeking restoration of M.A. No. 1075 of 2005, which was dismissed for want of prosecution vide order dated 17.10.2011. 3) On due consideration of the submissions of learned counsel for the petitioners and the grounds taken in the K MCCNo.793of2011 \^ restoration petition, we are satisfied that the absence of the petitioners'/appellants' counsel on 17.10.2011, when M.A. No. 1075 of 2005 was taken-up for hearing, was based on bona fide grounds. 4) M.C.C. No. 793 of 2011, therefore, is allowed and M.A.No.1075 of 2005 is restored to its original number. Sd/- Chief Justice Sd/- G. Minhajuddin Judge nlmmi /^