HIGH COURT OF CHHATTISGARH AT EILASPUR M.C.C. No. 543/2010 SB: Hon’bie Shri Justice R.L. Jhanwar IFFCO TO KIO GENERAL INSURANCE COMPANY LIMITED, Through thé Branch Manager, INco Tokio Ggneral Insurance Co. ltd. 3rd Floor 345-347, Lalganga Shopping Ma], G.E. Road, Raipur (CG) . APPELLANT Defendant No.3 Versus RE$PONDENT No.1 1 Shyam Sundar Banjars s/o Samaru Claimant No. 1 Das Banjare, agod about 39 yeaIS Rasi.ViJlage and post Hirmi RS. Sohela District Raipur (CG) Respondent No.2 Smt. Lilavati w/ o Shyam Sundar Claimant No.2 Banjare kur, aged about 36 yeam Pesident, viHage -Sak1'n: Risah', Post Hirmi, Police Station Suhela District Raipur(CG) Respondent No.3 Anil Kumar Anant s/o Budharu ‘ Defendant No. 1 Ram Satnami, Resident village Sakin: Risali, Post Hirmi, Police Station— Suhela, Distxict Raipur (CG) (Driver) Respondent No.4 4 Janak Lal Banjare s/ o Amar chand Defendant No.2 Banjare, Resident Village : Sakin Karosi, Police Station Kharora, District Raipur (Owner} Appearance: Shii Yashwant Singh Thakur, counsel for the applicant. i:n ORAL ORDER (O4. 10.2010) The applicailt has filed this M.C.C. for restoration of Misc. Appeal (C) No.270/ 2009, which was dismissed on 28.8.20 10 for want of prosecution. Learned (gunsel for the applicant submits that on 28.8.20 10, diie to inadvertent error of their office, listing of the case was overlooked, therefore, he could not appear on behalf of the applicant, for which he apologizes. He has also filed an affidavit in support of his contention. On due consideration and the reasons stated in the application, I am of the opinion that the applicant has shown sulficient cause for restoring M.A. (C) No. 270/ 2009. Accordingly, M.C.C. No.543/2010 is allowed and Misc. Appeal (MAC No. 270/2009) is restored to its original number. Sd/- R.L. Jhanwar Judge