HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI R.L. JHANWAR, J. Applicants J- r M.C.C.No.233of2009 1. Smt Tikeshwari Kunwar Singh W/o Late Virendra Singh Dau aged about 36 years 2. Bhojpal S/o Late Virendra Singh Dau aged about 16 years 3. Kussum, S/o Late Virendra Singh Dau Aged about 08 years, 4. Naimish Kumar S/o Late Virendra Singh Dau aged about 08 years All through His natural Guardian Mother Amt Tikeshwari Kunwar Singh W/o Late Virendra Singh Dau. All R/o of Rajapara Raigarh Tahsil & Distt Raigarh VERSUS, Respondents Sardar Jagatar Singh S/o Sardar Chhota Singh aged about 28 yrs Occupatio - Vehicle Owner R/o 77 CR Avenu, Calcutta 12 & 20 Bagmari Road Calcutta 54 (West Bengal) Moh. Aslam S/o Moh. Nishar Khan Aged about 30 years Occupation Vehicle Owner R/o Village ware, Thana Barampur Distt Gajipur (UP) (died) Omitted The New India Insurance Co. Ltd Division 512800, 11, Prafull Sarkar Street Calcutta - 72 (West Bengal) Smt Prabhudani W/o Navin Xaixo aged about 57 years Ku. Anit Xalxo, D/o Navin Xalxoaged about 25 years 6. Ku Kurbani Xalxo D/o Navin Xalxo aged about 22 years All resident Rambhata Raigarh Tahsil & Distt Raigarh ApDlication for restoration of M.A.No.760/2004. Present: Shri Basant Dewangan, counsel for the petitioners. ORDER (06tn July, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Basant Dewangan, learned counsel for the petitioners is heard on the restoration petition. 2) The petitioners are seeking restoration of M.A.No.760/2004, which came to be dismissed for want of prosecution vide order dated 25.06.2009. 3) On due consideration of the submissions of learned counsel for the petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners'/appellants' counsel on 25.06.2009, when M.A.No.760/2004 was taken-up for hearing was based on bona fide grounds. 4) M.C.C.No.233/2009, therefore, is allowed and M.A. No.760/2004 js restored to its original number. Sd/- Chief Justice Sd/- R.L. Jhanwar Judge subbu