4C DJViS! kl IBICMir-l HON'BLE SHR! SUNIL KUIV1AR SiNHA, J. Appeiiants ,3r Radheshyam Chauhan S/o Late Shri Tarachand Chauhan aged about 33 years R/o Vitl Bilaspur Post Bhupdeoppur Tehoi! Kharsla District Raiaarh s'Chhattisaarh) Harihar Chauhan S/'o Late Shri Tarachand Chauhan aged about 20 years R/'o Village Bilaspur Tehsil Kharsia District Rai.qarh (ChhatSisgarh) 3. Smt. Vi!!age District •mati Bai W/o Late Shri aaed about 70 years R/o Silaspur Tehsil Kharsia aigarh (Chhattisgarh) 1. Antram S/oHirauram Sarthi, aged abouS 35 years, Driver, R/o. Viliage Dangi Tarai, Tah. & Distt. laigarh (C.G.) 2. Ghanshyam Patei S/o Kunj Ram R/o Geeta Vihar, Raigsrh (C.G.) 3. United india insurance Co. Ltd., Branch Officer Near Taikies, Coilege Road, Raigarh, Chhattlsgarh. 4. Harabai w/o iate Tarachand aged about 38 years, R/o Viiiage ihupdeopur, at present R/o Gadgaon, Tah. Gharghoda, Distt. Raigarh (Chhattisgarh) 5. Gaitri D/o Late Tarachand aged 4 years, and :.)r 6. Savitri, D/o Late Tarachand aged S.years, both (Res. No. 5 & 6) minor, through their natural guardian Smt. Harabai, R/o Village Bhupdeopur at present R/o Gadgaon, Tah. Ghardhoda, distt. Raigarh (C.G.) Aopiication for restoration of M.A.No.1434/200$ Shri P.K. Tulsiyan, counsel forfhe petitioners. Shri Dsshrafh Gupta, counsel for respondent No.3. \^f The foilowing order of the Court was passed by ajeev Gupta, C.J.: Learned counsel for the parties are heard on I.A. No.01/2009, an appiication for condonation of delay in filing the restoration petition. 2. On due consideration of the submissions of learned counsei for the parties and the grounds taken in the application, we are satisfied that the petitioners have succeeded in showing sufficient cause for the delay in fiiina the restoration petition. 3. i.A. No.01/2009, therefore, is allowed and the delay in fiiim the restoration petition is hereby condoned. 4'. Learned counsel for the Darties are heard on the restoration 5. The petitioners are seeking restoration of MA No.1454/2005, which was dismissed for want of prosecution vide order dated 08.05.2009. ^jlSi'SEeg^. ^e'^^s{~%. -r M ""i '% j I 't. li^. ^' / ^^ ./^ 6. On due consideration of the submissions of learned counsel for the parties and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners'/ appellants' counsei on 08.05.2009, when MA No.1454/2005 was taken up for nearing, was based on bona fide grounds. 7. M.C.C. No. 406/2009, therefore, is aliowed and MAN_al454/2005 is restored to its original number. Sd/- ChiefJustice Sd/- Sunil Kumar Sinha Judge subbu I-