f, HjGH COURT OF CHHATTISGARH AT DSVSSSON Coram : SHRI GUPTA, CJ. & HON'BLE SUNSL J. M.C.C. No. 3Bof 2099 APPELLANT: Safi Hussain, S/o Shri Rahman Husslan, Aged about 40 years, R/o Talapara.. Bilaspur, Tehsil & District Bltespur (C.G.) VERSUS 1. Raju Bajaj, S/o Govind Bajaj, R/o Near Press Bajrang Nagar, Raipur, Tehsii & District Raipur (C.G.) 2. Satyadeep Khub Chandani, S/o Laxman Khub Chandani Prop. M/s Joyti Machines Station Road, Tehsii & District Raipur (C.G.) 3. New india Assurance Co. Ltd. Through Branch Manager, New India Assurance Co. Ltd. Ralpur (C.G.) APPLJCATIONFOR RESTORATOIN OF M.A, Present: Shri Laiit Jangde, learned counsel for the petitioner. ORDER ^th (§InFebruary, 2009) The foiiowing order of the Court was passed by Rajeev Gupta, C.J.: By aiiowing i.A. No.02/2009, the document filed aiong with this application is taken on record. 2. Shri Lalit Jangde, learned counsel for the petitioner ss heard on I.A. No.01/2009, an appllcatlon for condonation of deiay in filing the restoration petition. p- 1 I ^^<iyj:^?|i I \:^d./ ^ 3. On due consideration of the submissions of jeamed counsel for the petitioner I.A. No.01/2009 is aiiowed and the delay in filing the restoration petition is hereby condoned. 4. Learned counsel for the petitioner is heard on the restoration petition. 5. The petitioner is seeking restoration of Misc. Appeal No.488/2002, which came to be dismissed vide order dated 02.09.2008. 6. On due consideration of the submissions of Searned counsel for the petitioner, we are satisfied that the absence of the petitioner's/appellant's counse! on 02.09.2008 when M.A. No.488/2002 was taken up for hearing, was based on bona fide grounds. 7. M.C.C.No.38/2009, therefore, is allowed and JVI.A. No.488/2002 is restored to its originai number. subbu Sd/- Chief Justice Sd/- SunilKumar Sinha Judge