.,;;]'>"~^> Ij'C^^i §•~«e.:y-y"~'-,j S /&iy <^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPELLANT NON.APPLICANT N0.4 RESPONDENTS M.C.C.No. 141 of 2005 Divisionat Manager, The Orientat Fire and General tnsurance Co. Ltd., Jethi Building, Moudhapara, Raipur (C.G.) Versus 1. Lakami Bose D/o Mundru, Aged about 60 years, R/o Village - Bhasenar, Tahsil - Dantewada, District Bastar. 2. Balbir Singh, Owner of Truck C.R.R.8386, K3randule, Tahsil Dantewada, District Bastar. 3. Buccharao S/o Samiya, Rajgond, R/o Village Arjanli, P.S. Bhopalpatnam. 4. Sardar Sherjan Singh, Truck Owner, R/o Bacheli, Bastar. ApDlication for Restoration ofthe Appeal No.88/1985 Present: Shri AK Athley, learned counsel for the petitioner. Shri NKVyas, learned counsel for respondents N0.2&4. ORDER tth (30'" September, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on the restoration petition. 2) The petitioner is seeking restoration of MA No.88/85, which was dismissed for want of prosecution vide order dated 16.06.2005. '•vf-, 3) On due consideration of the submissions of learned counsel for the parties and the reasons given in the restoration petition, we are satisfied that the absence of the petitioners'/ appellants' counsel on 16.06.2005, when MA No.88/85 was taken-up for hearing was based on bonaflde grounds. 4) MCC No.141/2005, therefore, is allowed and MA No.88/85 is restored to its original number. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge padma