'^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVIS!ON BENCH CORAM: HON'BLE SHRI RAJEEY GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. M.C.C.No. 319 of 2008 APPLICANTS ^, I RESPONDENTS €:. 1. Smt. Sammat Bai Dhuri, aged about 40 years, Wd/o Shri Karan Kumar Dhuri 2. Smt. Duiari Bai Dhuri, aged about 40 years, W/o Bhauram Dhuri 3. Bhauram Dhuri, S/o Paltan Lal Dhuri 4. David Kumar Dhuri, aged about2 % years, S/o Late Karan Kumar Dhuri, Minor through natural guardian mother appetlant No.1 Smt. Sammat Bai Dhuri, Wd/o Karan Kumar Dhuri, All R/o Village Kumharpara, Kormi (Banak^ Post Hardi (Kala) Tona, P.S. Chakarbhata, DistrictBiiaspur (C.G.) Versus t 1. Ramu Singh, agedabout 22 years, S/o Lakhan La! Sahu, R/o Chiikaband, Laripara, Kota, P.S. Kota, District Bitaspur (C.G.) (Driver) 2. Chhattisgarh Earch Movers Bhilai, District Durg, Proprietor Smt. Bharti Sharma, W/o J.P. Sharma, R/o Sector- 5, Road 36, Qfr. No.6-A Bhilaj, Tahsi! and Di'strict Durg (C.G.) (Owner) 3. NationaE Insurance Company Llmited, Through Divisional Manager, Office- Division No.15, Gate No.4, Chhati Manji! (Poddar Court), 18, Rabindra Sarani, Kalkatta (W.B.) 700 001 Through - Locai Office Address Branch Manager, Office Vyapar Vihar Road, Raipur Naka Chowk, Bifaspur, Tahsil and District Biiaspur (C.G.) l^ ;^1 ADDlication TQT Restoration ofM.A. (C) (PR) No.99S/2008 Present: Shri A.C. Sahu, learned counsei, forthe petitioner?. ORDER pth (17tnSeptember,2008) The following order of the Court was ^passed by Rajeev Gupta, CJ. Learned counsel for the petitioners lis heard on 1.A. No. 01/2008, a petition for condonation ofi deiay ir\ flling the .restoration petition,; 2) Ondueconsideration,w,earesatisfiedthatthepetitioners havesucceeded inshowing sufficient cause for the delay in filing the restoration petition. 3) I.A. No.01/2008; therefore, is allowed and the delay in filing the restoration petition is hereby condoned. 4) Learned counsel for the petitioners is heardon the restoration petition. 5) The petitioners are seeking restoration of M.A.(C) (PR) No.996/2008 which was dismissed forWant of prosecution vide order dated 30-04-2008. 6) On due consideration of the submissions of ieamed counsel forthe petitioners, we aresatisfieci that the absence of the petitionersV appellants' counsel on 30-04-2008 when subbu M.A.(C)(PR) No.996/2008 was taken up for hearing, was based onbona fide grounds, 7) M.C.C. No. 319/2008, therefore, is allowed and M.A.(C) (PR) No.996/2008 is restored to its originalnumber. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge ^/ y '