HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISiONBENCK ^ HON'BLE SHRi RAJEEV GUPTA, C.J. HON'BLE SHRI SUN1L KUIVIAR SiNHA, J. M.C.C.No.428of2009 Appiicants <-:' Non-applicants '< 1 2 3 4 1. 2. 3. Shri Habib Khan S/o Munshi Khan, Aged about 46 years Smt Shammo W/o Habib Khan aged about 40 years Kumar Shafima aged about 17 years, through herfather Habib Khan Kumari Shahina aged about15 years, through her father Habib Khan KumariShaKhina aged about 15 years through her father Habib Khan Atl by cast Muslman R/o Village Usrapurva, PS Badousa, District Banda At present near Khandoba Mandir, Ratanpur, P.S. Ratanpur, District Silaspur (C.G.) VERSUS Shri Ramesh Kumar Jha, S/Q Radhakant Jha, Aged about 33 years, R/o FGI Rqsid Tarbahar, Bilaspur, District BiiaspuF (CG) Shri Mukesh Jha S/o Shchchldanand Jha R/o FCI Road, Tarbahar, Bilaspur, District Bilaspur C<G Divisional Manager, the New India insurance Compaoy Limited, Office Surya Bhavan near New Bus Stand, Siiaspur (CG) ADDlLcation for restoration of M.A.(C) No. 462/2007 Present Shri Rajesh KumarJain, learned counsel forthe petitioners. -:l£: subbu f-. te ^t 2 1-<7 QRDER ith (8m October, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the petitioners is heardon the restoration petition. 2) Tbe petitioners are seeking restoration of M.A.(C) No.^2/2007 which was dismissed for want of prosecution vide order dated 01.09.2009. 3) On due consideration of the submissions of iearned counsel forthe petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners'/appellants' counsel on 01.09.2009, when M.A.(C) No. 462/2007 was taken up for hearin.g was based on bonafide grounds. 4) M.C.C. No. 428/2009, therefore, is allowed and M.A.(C) No.462/2007 is restored to its original number. Sd/- Chief Justice Sd/- SunU Kumar Sinha Judge i^^ ^p ^ji- Bil1