HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA. J. APPLICANTS Appeiiants NON- APPLICANTS Respondents M.C.C.No.487of2009 1 Smt Lalita Yadav aged about 45 years, wd/o Late Shri Vijay Yadav 2 Aparna Yadav, aged about 24 years, D/o tate Shri Vijay Yadav 3 Ankita Yadav, aged about 23 years, D/o Late Shri Vijay Yadav 4 Smt Siyabai Yadav, Wd/o Late Shrf Beni Prasad Yadav (Since dead) Applicants No.1 to 3 R/o 161 Niwarganj, Ranital, Jabalpur, District Jabalpur (MP) Presentty R/o 1678 New Aadarsh Colony, behind Mehta Petrol Pump, Garha Road, Jabalpur, district Jabalpur (MP) VERSUS 1 South Eastem Coaffields Limited, through its Managing Director (earlier known as Western Coaffields Limited), Bilaspur (CG) 2 Dev Shree Sharma S/o Shri Vipat Sharma, Truck Driver, SECL, Bilaspur 3 Oriental Insurance Company, through Manager, OIC Branch Ambikapur, District Sarguja (CG) ADplication under Order 41 Rule 19 CPC. Present: Shri Amiyakant Twvan, counsel for the petitioners. ORDER ith 'x (13m November, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. ,Shri Amiyakant Tiwari, leamed counsel for the petitioners is heard on I.A.No.01/2009, an application for condonatlon of the delay in filing the restoration petition. 2) On due consideration of the submissions of tearned counsel for the petitioners and the circumstances wherein the petitioners'/appellants' appeal of the year 1992 was transferred to High Court of Chhattisgarh Trom Madhya Pradesh High Court in the year 2005, we are satisfied that the petitioners have succeeded in showing sufficient cause for the delay in filing the restoration petition. 3) I.A.No.01/2009, therefore, is allowed and the delay in filing the restoration petition is hereby condoned. 4) Shri Amiyakant Tiwari, learned counsel for the petitlonere is . heard on the restoration petition. 5) The petitioners are seeking restoration of M.A. No.210/1992, which came to be dismissed for want of prosecution vide order dated 23.08.2006. 6) On due consideration of the submissions of learned counsel for the petitioners, we are satisfied that the absence of the petitioners'/appetlants' counsel on 23.08.2)06 when M.A.No.210/1992 was taken-up Tor heEU-ing was based on bona fide grounds. 7) M.C.C.No.487/2009, therefore, is allowed and M.A.. No.210/1992 is restored tojts original number. — — Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge subbu )l