\\ c. 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.319of2011 Gaukaran Singh Koreti s/o Ankalu Ram Koreti, aged about 38 years, occupation Head Constable, r/o Dumartola, tahsil Moha, distt. Rajnandgaon C.G. VERSUS 1. Umesh Mehta s/o Narayan Mehta aged about 30 years occupation driver R/o Indira Nagar, Hatkhoj, P.S. Purana Bhilai, distt. Durg C.G. 2. Kamaljeet Singh s/o Ramsingh (Owner of vehicle) Sardar Transport Carrier, Hatkhoj, Transport Nagar, Purana Bhilai, district Durg C.G. 3. The Oriental Insurance Company Ltd. Board Manager, Post Box No.51, Malviya Nagar, Durg, distt. Durg C.G. ApDlication for restoration of IVIisc. Appeal No.823 of 2003 Present: Shri V.K. Sharma, counsel for the petitioner. QRDER ;th (15tnSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. On due consideration, I.A. No.01/2011 is allowed and the ^ ^.s^y^ MCCNo.319of2011 \^ ^l^^ 11 delay in filing the restoration petition is hereby condoned. 2) Learned counsel for the petitioner is heard on the restoration petition. 3) The petitioner is seeking restoration of M.A. No.823 of 2003, which was dismissed for want of prosecution vide order dated 03.03.2011. 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 03.03.2011, when M.A. No.823 of 2003 was taken-up for hearing, was based on bona fide grounds. 4) M.C.C. No. 319 of 2011, therefore, is allowed and M.A. No.823 of 2003 is restored to its original number. Sd/- Chief Justice Sd/- N.K. Agarwal Judge h