SS^'^fSgS^- /fs ^ K 1 HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAWI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. M.C.C.No.519of 2011 Applicants ^' "^. Respondents 1. Smt. Santi Dewangan w/o late Bodhram Dewangan age 44 years. 2. Ku. Savita Dewangan, D/o late Bodhram age 23 years. 3. Satish Dewangan s/o late Bodhram Dewangan age 20 years. 4. Ku. Kavita Dewangan D/o late Bodhram Dewangan age 13 years (Died) 5. Ku. Sweata Dewangan D/o late Bodhram Dewsngan age 15 years. 6. Ku. Priti Dewangan D/o late Bodhram Dewangan age 10 years. Through its natural guardian mother Smt. Santi Dewangan w/o late Bodhram Dew?ngan Kostapara Raigarh Tah. & distt. Raigarh (CG) VERSUS 1 Sardar Jagatar Singh s/o Sardar Cfihota Singh aged about 28 years, occupation vehicle owner, r/o 77, C.R. Avenu Calcutta 12 & 20 Bagmari Road Calcutta 54 (West Bengal) 2 Moh. Aslam s/o Moh. Nishar Khan, aged about 30 years, occupation ^.^te.^.^g;^ \ ^^~w!':t< WKS& MCC.No.519of2011 ^- ^ vehicle driver, r/o village ware, Thana Barampur distt. Gajipur U.P. (Died) Omitted. 3 The New India Insurance Co. Ltd. Division 512800, 11, Prafull, Sarkar Street Calcutta - 72, (West Bengal) 4 Smt. Prabhudani w/o Navin Xalxo aged about 57 years 5 Ku. Anita Xalxo d/o Navin Xalxo aged about25 years. 6 Ku. Kurbani Xalxo d/o Navin Xalxo aged about 22 years. All residents Rambhata Raigarh Tahsil & Distt. Raigarh C.G. ABBlication for restoration of M.A. No. 831 of 2004 Present: Shri Amit Sharma, counsel for the petitioners. ORDER ^-- >th (18'"August,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 the certified copy of the order dated 02.05.2011, whereby the appellants' appeal 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 M.A. No.831 MCC.No.519of2011 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 petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners'/appellants' counsel on 02.05.2011, when M.A. No.831 of 2004 was taken-up for hearing, was based on bona fide grounds. 5) M.C.C. No. 519 of 2011, therefore, is allowed and M.A. No. 831 of 2004 is restored to its original number. Sd/- Chief Justice Sd/-. N.K.Agarawal Judge rummi