i^03^ '•K-^'s ^ss^ HIGHCOURT OF CHHATTISGARH. BILASPUR M.C.C, No^SOI/2010 PETITIONER RESPONDENTS HC/RO Md. Hussain, aged about 39 ysars, S/o Sri Mohd. Shsfi, 5 Sig. BN. CRPF Halto Mazara, Chandigarh (U.T.) at present HC/RO, 5 Sig. B.N., CRPF, Group Centre, CRPF, Amethi (U.P.) Versus 1 Director General of Police, CRPF DirecSorats, CRPF Offic®, Lodhi Road,NewDethi110003 2 Additional Deputy Inspector General of Police, Group Centrs, CRPF, Bharni, Tahsii Takhatpur, District Bilaspur (C.G.) APPLICATION FCNR RESTORATION Apcsarsncs: Mr- Badrudln Khan, Counsel for the petitioner. (88.1S.2S1S) SUNIL KUMAR SINHA, J. Heard on I.A. No.01/2010, an appltaation for condonation ofdelay in filing the restoration application Learned counsel for the petitioner submits that on account of the mistake of their office, they could not tocate W.P.(S)No 5209/2008 jn the relevant cause list, therefore, they could not appear on 23.09 2008, when, the matter was listed for hearing before the writ court. His submission is that since they had no knowfedge about listing of W.P (S) No.5209/2008 on 23.09.2008, they were waiting for its tisting, but, when it was not listed for a long time, then, after enquiry, they could come to know that the same was dismlssed for want of prosecution on 23.09 2008. He prays for condoning the delay occurred in filing of the restoration apptication. On due conslderation of the submisstons of learned counsel for the petitioner and the grounds taken in the .;iJ:'i[;:;.;^i.';j '.^»{;,-*^E^^ iy^\3 n '.^^^^^ ; ^ ^52^ •ys:*^,^^y^''' -i'^^gS^^ ®ffl?%^^^^^K!^^^^^^^^^i^ M.C.C:No.581/2010 apptication i.e. I.A. No.01/2010, the same is allowed and the delay in filing the restoration application is hereby condoned. Learned counsel for the petitloner is also heard on restoration application i.e. MCC No.501/2010. On due consideration of the submissions of tearned counsel for the petitioner and the grounds taken in the restoration applfeation, I am satisfied that the absence of counsel for the petitioner .on 23.09.2008, when W-P(S) No.5209/2008 was taken up for hearing, was based on bonafide grounds Accordingly, MCC No.501/2010 Is allowed and W P (S) No 5209/2008 is restored to its original number^^——— Sd/- Sunil Kumar Sinha Judge J^»tA 'a