ff f" HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDFiAKAR, J, Petitioner Resppndents M.C.C.No. 638 of 2011 Rajesh Kumar Jain, s/o Shri Pannalal Jain aged about 34 years, R/S Opposite Saraswati Shishu Mandir, Subhash Chowk, Bhilai - 3, Tahsil & District Durg (CG) (claimant) VERSUS Sagar Das, s/o Shri Bhagwat Das Manikpuri aged about 43 years, r/o Pachripara, Kuwa Chowk, Durg, Tahsil & District Durg (CG) (Driver) Devendra Singh S/o Shri Nagu Singh, aged about 35 years, r/o Santrabadi, Durg Tahsil & District Durg (CG) (Owner) The New India Assurance Company Limited, Through Branch Manager, Parakh Bhawan, Station Road, Durg Tahsil & District Durg (CG) (Insurer) Application for restoration of Misc. Appeal (C) No.291/2009 Present: Shri SS Rajput, counsel for the petitioner. ORDER (19th September, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri SS Rajput, learned counsel for the petitioner is heard on the restoration petition. '-s, iS^?^[P?^* ^ %^.y %^»3y ';'^.s:S^vyr M.C.C No.638 of 2011 2) The petitioner is seeking restoration of M.A.C. No.291 of 2009, which was dismissed for want of prosecution vide order dated 17.08.2011. 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 counseff on 17.08.2011, when M.A.C. No.291 of 2009 was taken-up for hearing, was based on bona fide grounds. 4) M.C.C. No. 638 of 2011, therefore, is allowed and M.A.C. No.291 of 2009 is restored to its original number.——— Sd/- The Chief Justice subbu Sd/- R.N. Chandrakar Judge