rz 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.710of2011 Applicants Appellants Claimants ^:.^........^...-. 1. Smt Pantaparty Bhawani, w/o Late Shri PV Rao, aged about 23 years 2. Ku P Shivani, D/o Late PV Rao, aged about 4 years, minor through legal guardian Mother Smt Pantaparty Bhawani 3. P Radha, w/o Shri P Krishna, aged about 58 years All are residents of through Shri P Sita Ramaiya House No. 19-5/28 Kanukartibari Street Shivshankar Nilayam, Distt Vijay Nagaram (AP) 4. P Krishna, s/o Late Apla Raju, aged 62 years, R/o 4-8/68, Codhgraharam, Distt Vijay Nagaram Non-aDDlicants Respondents VERSUS Manharan Yadav, S/o Sadhu Ram, aged about 26 years r/o Village Motimpur, PS Hirri, Distt Bilaspur, Mahendra Kumar Jain, s/o Nemichand Jain, r/o Bajrang Chowk, Baloda Bazar, Distt Raipur Branch Manager, The New India Insurance Co Ltd., Rajendra Nagar Chowk, Bilaspur (CG) .^r'"^ ^/^ 'I '•? ti ^:^^ y M.C.C.No. 710 of 2011 ApDlication for restoration of the MA No.75 of 2005 Present: Shri Manoj Mishra, counsel for the petitioners. ORDER (17th October, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Manoj Mishra, learned counsel for the petitioners is heard on I.A.No.01/2011, an application for condonation of the delay in filing the restoration petition. 2) 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 petitioners have succeeded in showing sufficient cause for the delay in filing the restoration petition. 3) I.A.No.01/2011, therefore, is allowed and the delay in filing the restoration petition is hereby condoned. 4) Shri Manoj Mishra, learned counsel for the petitioners is heard on the restoration petition. 5) The petitioners are seeking restoration of M.A.No.75 of 2005, which was dismissed for want of prosecution vide order dated 08.08.2011. 6) 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 08.08.2011, when M.A.No.75 M.C.C.No. 710 of 2011 subbu of 2005 was taken-up for hearing, was based on bona fide grounds. 7) M.C.C. No. 710 of 2011, therefore, is allowed and M.A. No.75 of 2005 is restored to its original number. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge -'^