£ '•^^£, IN THE HIGH COURT OF JUDICATURE AT BILASPUR CHHATTISGARH M.C.C. N0. - 5V^5 OF 2011 Ojvision Bendl AEFLICAN'K ,(;LAIMANT<: .1- RESPONDENT NON-CLAIMANTS /'".L. 4. ^" Vijay Soni, S/o Swaroop Chand Soni aged about 45 years, Occupation - Peon, Jila Sahkari Kendriya Bank, Maryadit Branch Village - Hathbandh, R/o- Village- Hathband, Police Station, Tilda, District- Raipur ( C.G.) Next Friend, Smt. Heeramani soni, W/o Shri Vijay Soni, resident of Village- Hathbandh, Police Station, Tilda, District- Raipin- (C.G.) VERSUS Pardesi Ram, S/o Dehra Ram Sahu, aged about 47 years, R/o - Occupation - Driver of Vehicle, R/o- Village - Janjgira, Police Station - Bhilai 2, District-Durg (C.G.) Anil Mudgal, S/o- O.D. Mudgal, R/o- House. No. 54, Street No. 2 Sector 1, Samta Coloney, Raipur, Tahsil & District- Raipur (C.G.) Ashok Leyland Finance Company, Tatibandh, G.E. Road, Raipur, Tahsil & District- Raipur (C.G.) The Oriental Insurance company Ltd. The Manager, Office No. 2 Shyam Market, Pandri, Raipur (C.G.) f2.£{2.0^.^ ^a.-"-' APPLICATION FOR RESTORATION OF THE MISC. APPEAL N0. K%S»84- JX'l- HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Appellants Claimants M.C.C. No. 545 of 2011 Vijay Soni, aged about 45 years, s/'o Swaroop Chand Soni, occupation Peon, Jila Saftkari Kendriya Bank Maryadit, Branch vil. Hathbandh, resident of village Hathbandh, police station Tilda, district Raipur C.G. Next friend, Smt. Heeramani Soni, w/o Shri Vijay Soni, resident of village Hathbandh, police station Tilda, district RaipurC.G. VERSUS \^' e Respondents Non-Claimants Pardesi Ram, aged about 47 years, s/o Derha Ram Sahu, occupation driver of vehicle, resident of village Janjgira, Police Station Bhilai 2, district Durg C.G. 2 Anil Mudgal, s/o O.D. Mudgal, resident of House No.54, Street No.2, Sector 1, Samta Colony, Raipur, Tah. & distt. RaipurC.G. 3 Ashok L&yland Finance Company, Tatibandh, G.E. Road, Raipur, Tahsil & district Raipur C.G. 4 The Oriental Insurance Company Ltd., the Manager, Office No.2, Shyam Market, Pandri, Raipur C.G. ApDlication for restoration of M.A. No. 126 of 2004 ::^3^S9 ^^" A ""%t. •. ^''^^"'^ '•SSSSy--^ 1 '.^ ^ ^.- '%^sy "~":®Ky;l-~s^' M.C.C.No.545 of 2011 Present: Shri Shivendu Pandya, counsel for the petitioners. \> ORDER •th (26"'August,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Shivendu Pandya, learned counsel for the petitioners is heard on I.A.No.01/2011, an application for condonation ofthe delay in filing the restoration petition. 2) On due consideration of the submissions of learned counsel for the petitioners and the grounds taken in the application, we are satisfied that the petitioners have succeeded in showing sufficient cause for the delayin filing the restoration petition. 3) I.A.No.01/2011, therefore, is allowed and the delay in filing the restoration petition is hereby condoned. 4) Shri Shivendu Pandya, learned counsel for the petitioners is heard on the restoration petition. 5) The petitioners are seeking restoration of M.A. No. 126 of 2004, which was dismissed for want of prosecution vide order dated 04.05.2011. 6) 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 04.05.2011, when M.A. No.126 of 2004 was taken-up for hearing, was based on bona fide grounds. ' \s"-<<'^' ^' ^s~'3i^ '"^ / M.C.C.No.545 of 2011 }L\ 7) M.C.C. No. 545 of 2011, therefore, is allowed and M.A. No.126 of 2004 is restored to its original number. Sd/- Chief Justice mmmi Sd/- N.K. Agarawal Judge e A ^ -\^-: