y/ ig^^^--. yrf~ ^~., 1 v> HIGHCOURT OF CHHATTISGARH ATBILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RL JHANWAR, J. l,C,C._No,SMof2010 Applicants Claimants Non-apRlicants Respondents 1 Smt Prembai, Wd/o late Bheekhuram Sahu, aged about 36 years 2 Udayram, S/o Late Bheekhuram Sahu, agedabout17years 3 Moolchand, S/o Late Bheekhuram Sahu, aged about 15 yeara Appellant No.2 & 3 through their natural guardian, mother Smt Prembai, Wd/o Bheekhuram Sahu, aged about 36 years 4 Smt Bijama Bai, Wd/o Keshavram Sahu, aged about 62 years All above are Caste - Teli, R/o Vlllage Amurda, Posf Khusarupali, PS Tumgaon, Tahsil & Distt Mahasamund VERSUS 1 Deepak Kumar Sinha, S/o Ravi Sinha, aged about 19 years, R/o Naya Rawanbhata, Mahasamund, Tahsil & Distt Mahasamund (CG) (Driver of vehicle) 2 Thanendra Mishra S/o Ganesh Ram Mishra, aged about 27 years, R/o Ward No.1, Shankar Nagar, Mahasamund, Distt Mahasamund (CG) (Ownerofvehicte) 3 New India Insurance Co. Ltd., Second Floor, Raipur, Vikas Pradhikaran Bhawan, Bajrang Market, GE Road, Raipur, Distt Raipur (CG) 4 Ravi Sinha, Aged not known, S/o Late '^ i< •;^ ^^J? Madhav Prasad Sinha, R/o Naya Rawanbhata, Mahasamund, Tahsil & Distt Mahasamund (CG) ApDlication for restoration Present : Shri Vikram Dixit, leamed counsel for the petitioners. ORDER (15th November, 2010) The following order of the Court was passed by Rajeev Gupta, CJ. Shri Vikram Dixit, learned counsel for the petitionere is heard on the restoration petition. 2) The petitionersare seeking restoration of M.A. No.318 of 2004 which was dismissed for want of prosecution vide order dated 19.10.2010. 3) On due consideration of the submissions of leamed counset for the petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners7apF»llart:s' counsel on 19.10.2010, when M.A. No.318 of 2004 was taken up for hearing was basaJ on bonaflde grounds. 4) M.C.C. No. ^8/2010, therefore, is allowed and M.A. No. 318 of 2004 is restored to its original number. Sd/- Chief Justice R.'-- Sd!- ,.,, ~\\\ar<M'^ -Siid9e nimmi