'^ ^-- ^=^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. M.C.C.No. 701 of 2011 Applicants Claimants Respondents Ku. Rampyari d/o late Mahendra Sai, agedabout 18years, Ramsagar, s/o late Mahendra Sai, aged about 16 years. Ajay Kumar, s/o late Mahendra Sai, agedabout 15years. Smt. Kousalya Bai w/o late Mahendra Sai, aged about 40 years. All r/o village Kukurbhunka, present address village Baghima, tahsil Pathalgaon, & district Jashpur C.G. No.2 & 3 minors through their mother and natural guardian Smt. Kousalya Bai. VERSUS Pawan Kumar Rajgadhiya s/o late Dipchand Rajgadhiya, Managing Director "Ma Anapurna transport agency LTD 84/1, B Topsiya road (south) Kolkata 700005 Local Office near Din petrol pump Bilaspur road Bhanpuri, Raipur C.G. (Owner) Md. Hasim s/o Md. Hanif, caste Mohammedan aged 41 years, occupation vehicle driver, r/o village P.S. Nath Nagar, district Bhagalpur Bihar. (Driver) The Oriental Insurance Co. Ltd. Local Branch Office Raigarh, district Raigarh C.G. (Insurer) ^' M.C.C.No.701 of 2011 ApDlication for restoration of M.A.C. No. 957/2010 Present: Shri Roshan Verma, counsel for the petitioners. ORDER (17th October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Roshan Verma, learned counsel for thepetitioners is heard on the restoration petition. 2) The petitioners are seeking restoration of M.A.C. No.957 of 2010, which was dismissed for want of prosecution vide order dated 12.09.2011. 3) 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 12.09.2011, when M.A.C. No.957 of 2010 was taken-up for hearing, was based on bona fide grounds. 4) M.C.C. No. 701 of 2011, therefore, is allowed and M.A.C. No.957 of 2010 is restored to its original number. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu