\^^ I ^te^SS^ 1 ^ss^^.^ s ^^^" ^ i.l ^^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. M.C.C.No. 403 of 2011 Applicants ININ<» 1. Smt. Tikeshwari Kunwar Singh, w/o late Virendra Singh Dau, aged about 36 years. 2. Bhojpal, S/o late Virendra Singh Dau, aged about 16 years. 3. Ku. Kussum, S/o late Virendra Singh Dau, aged about 08 years. 4. Naimish Kumar, s/o late Virendra Singh Dau, aged about 08 years. All through his natural guardian mother Smt. Tikeshwari Kunwar Singh, w/o late Virendra Singh Dau, all of R/o Rajapara, Raigarh Tahsil & Distt. Raigarh. VERSUS Respondents Sardar Jagatar Singh s/o Sardar Chhota Singh aged about 28 years, occupation vehicle owner, r/o 77, C.R. Avenu Calcutta 12 & 20 Bagmari Road Calcutta 54 (West Bengal) Moh. Aslam s/o Moh. Nishar Khan, aged about 30 years, occupation vehicle driver, r/o village ware, Thana Barampur distt. Gajipur U.P. (Died) Omitted. The New India Insurance Co. Ltd. Division 512800, 11, Prafull, Sarkar Street Calcutta - 72, (West Bengal) Smt. Prabhudani w/o Navin Xalxo aged about 57 years ^!^ /y-. %-^.^ 1 5. Ku. Anita Xalxo d/o Navin Xalxo aged about 25 years. 6. Ku. Kurbani Xalxo d/o Navin Xalxo aged about 22 years. All residence Rambhata Raigarh Tah. & Distt. Raigarh C.G. ApDlication for restoration Present: Shri Amit Sharma, counsel for the petitioners. ORDER (25th July 2011) The following order of the Court was passed by Rajeev Gupta, C.J. By allowing I.A. No.01/2011, the petitioners are granted exemption from filing certified copy of the order dated 02.05.201 1, whereby the petitioners' appeal M.A. No.760/2004 was dismissed for want of prosecution. 2) Shri Amit Sharma, learned counsel for the petitioners is heard on the restoration petition. 3) The petitioners are seeking restoration of MA No.760 of 2004, which was dismissed for want of prosecution vide order dated 02.05.2011. 4) On due consideration of the submissions of learned counsel for the petitionersand the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners'/appellants' '^ M counsel on 02.05.2011, when MA No.760/2004 was taken-up for hearing, was based on bona fide grounds. 5) M.C.C. No.403 of 201 1, therefore, is allowed and MA No.760/2004 is restored to its original number. SdA i, ChiefJustice Sd/- N.K. Agarwal Judge nlmml K.- .- -B^