^^ o ^- HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Applicant Appellant Non-applicants Respondents M.C.C.No. 634 of 2011 Gopal Yadav, s/o Narsingh Yadav, aged about 38 years, occupation Peon, Krishi Upaj Mandi Rajnandgaon, r/o village Raveli, tahsil & district Rajnandgaon C.G. 1. VERSUS Atma Ram @ Raju, s/o Chinta Ram Sahu, aged about 20 years, occupation Driver, r/o Kanharpuri, Rajnandgaon C.G. Santosh Kumar Yadav, s/o Sumeri Lal yadav, Truck Owner, r/o Lakholi Naka, Rajnandgaon C.G. ICiCI Lombard General Insurance Company Ltd., 304, 306 3rd floor, Lalganj, Shopping Mal, G.E. Road, Raipur C.G. Aeplication for restoration oflVlisc. Appeal (C)No. 867 of 2007 Present: Shri V.K. Sharma, counsel for the petifioner. 2. 3. ORDER >th (19"'Sqptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri V.K.,Sharma, learned counsel for the petitioner is heard on the restoration pefftion. ^ .fv"'"^ -^ ^ssy'^Q 6. \ ^^./ M.C.C. N0. 634 of 2011 2) The petitioner is seeking restoration of M.A.C. No.867 of 2007, which was dismissed for want of prosecution vide order dated 27.08.2011. 3) On due consideration of the submissions of learned counsel for the petitioner and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioner's/appellant's counsel on 27.08.2011, whea M.A.C. No.867 of 2007 was taken-up for hearing, was based on bona fide grounds. 4) M.C.C. No. 634 of 2011, therefore, is allowed and M.A.C. No.867 of 2007 is restored to its original number. __ Sd/- The Chief Justice Sd/- N.K. Aganval Judge ~<53 nimmi