msmaSi' <L ^&^^BWfK 'IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR fC.G.) M.C.C. N0. .^1 2-QF 2011 (Arising out of M.A. (C) N0. 289/2008) APPLICANT Sanjeev Agrawal, S/6 Madan L^l <?' ..•»*" Agrawal, aged about 41 years, / " ' ~. ^y y' Transporter, R/o Ramadhin Marg, ^ './' ;.i:.-''lr . y^ . \ _._.__. . _ _ .. ; ' District Rajnandgaon (C.G.) ^y^ /':./l^"y< •;"'',??' /t <' ^^^y_ NON-APffiCANTS VERSUS 1. -Hemant Kumar, S/o Sita Ram Sahu, aged about 37 years, Driver, R/o Village Saloni, Tahsit Ghumka, District Rajnandgaon (C.G.) 2. Manish Agrawal, S/o M.L. Agrawal, aged about 37 years, Bus Owner, R/Q Ramadhin Marg, Rajnandgaon (C.G.) 3. The New India Insurance Co. Ltd. through the Branch Manager, Kamptee Line Rajnandgaon, District Rajnandgaon (C.G.) APPLICATION FOR RESTORATION OF M.A.rQ N0. 289/2008 DISM'ISSED FOR WANT OF PROSECUTION VIDE ORDER DATE.D -/'>' a HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Applicant Non-appticants 1 NI.C.C. No. 572 of 2011 Sanjeev Agrawal, s/o Madan Lal Agrawal, aged about 41 years, Transporter, r/o Ramadhin Marg, District Rajnandgaon (CG) VERSUS Hemant Kumar, S/o Sita Ram Sahu, aged about 37 years, Driver, R/o Village Saloni, Tahsil Ghumka, District Rajnandgaon (CG) 2 Manish Agrawal, S/o ML AGrawat, aged about 37 years, Bus Owner, R/o Ramadhin Marg, Rajandgaon (CG) 3 The New India Insurance Co Ltd., through the Branch Manager, Kamptee Line Rajnandgaon, District Rajnandgaon (CG) ADDlication for restoration of M.A.tCt No.289 of 2008 Present: - Shri VK Sharma, counsel for the petitioner ORDER ith (30mAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri VK Sharma, learned counsel for the petitioner is heard on ( the restoration petition. MCCNo. 572 of 2011 2) The petitioner is seeking restoration of M.A.(C) No.289 of 2008,which was dismissed for want of prosecution vide order dated 02.08.2011. 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 counsel on 02.08.2011,when M.A.(C) No.289 of 2008 was taken-up for hearing, was based on bona fide grounds. 4) M.C.C. No. 572 of 2011, therefore, is allowed and M.A.(C) No.289 of 2008 is restored to its original number. Sd/- The Chief Justice nimmi Sd/- N.K. Aganval Judge "•^? €