m HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRl SUNiL KUMAR SSNHA, J. IVI.C.C.No.421of2009 APPLICANTS CLAIMANTS 1. Vishnu Prasad Tiwrari, S/o late Hiraiai Tiwari, aged about - years. ^ 2. RESPONDENTS NQN-CLAIMANTS ^ Smt. l^modani Bai Tiwari, W/o. Vlshnu Prasad Tiwari, aged about 40 years. Both R/o Village - Charbhata, Post Office - Kodwa, Mungeli, DistrictBilaspur(C.G.) Versus 1. Surajdev Rai S/o. Lt. Badanram Ravidas aged about 28 years, R/o. Amraiya, Korba, District Korba (C.G.) Original Address - R/o. Didsut, Police Station - Rella, District Gadhwa, (Jharkhand) (Vehicle Drivsr) 2. Jasbir Kour through Indrajeet Chaw!a, S/o. Dillp Singh Chawla, Attorney Holder Smt. Jasbir Kour, R/o. Gurunanank Nagar, Telibandha, Raipur, District Raipur (C.G.) (Vehicle Owner) 3. The National Insurance Company Limited, through Divisional Office, Divisional Manager, Mobin Mahal, G.E. Road, Raipur, Tchail & District-Raipur,(C.G.) (insurance Company) Applicatjen for restoration QLthe Misc^Appea! (C) No.551 of 2007 Present: Shri Shivendu Pandya, counsel for the petitioners. ^'-.,. •l^''nww" l^SS^^iS's^. subbu s~.. 1 £? O R D E R (7th October,2009) The fotlowing order of the Court was passed by Rajeev Gupta, C.J.: Shri Shivendu Pandya, learned counsel forthe petitioners is heard on the restoration petition. 2. The petitioners are seeking restoration of M.A.(C) No.551/2007, which was dismissed for want of prosecution vide orderdated 04.09.2009. 3. On due consideration of the submissions of learhed counsel for the petitioners and the grounds taken In the restorationpetition, we are satisfied that the absence of the petitioners'/appellants'' counsel on 04.09.2009 when M.A. (C). No. 551/2007 was taken up for tiearing, was based on bona fide grounds. 4. M.C.C.No.421/2009, therefore, is ailowed and M.A.(C) No.551/2007 isrestored to itsoriginal number. Sd/- ChiefJustice Sd/- SunUKumarSinha Judge K x ^' • 6 S