HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISIONBENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Applicants Appellants h— Respondents IVI.C.C. No. 797 of 2011 1 Smt Peragbai, widow of late Khelan Singh Chouhan, aged about 45 (47) years 2 Vinay Kumar, s/o late Khelan Singh Chouhan, aged about 25 (27) years 3 Ku Yogita, d/o Late Khelan Singh Chouhan, aged about 20 (22) years 4 Minor Ku Bhawna, d/o Late Khelan Singh Chouhan, aged about 16 (18) years, through her natural guardian mother Smt Perga Bai (appellant No.1) All r/o Badepara Jaisa Karra, Police Station Barama, District North Bastar, Kanker (CG) VERSUS 1 Sameer Vishwas, s/o Ganpati Vishwas, aged about 26 (28) years, r/o House No.34 Malkangiri, Orissa, present address in front of Kisan Bakery, Jagdalpur (Driver) 2 Abdul Shahid, s/o AR Khan, aged about 30 (32) years, r/o Furniture Mart, Old Geedam Naka, Jagdalpur, District Bastar (CG) (Owner) 3 The Oriental Insurance Company Limited, Branch Office, Main Road, Sadar Bazar, Jagdalpur, District Bastar (CG) (Insurer) ^' M.C.C.No. 797 of 2011 v ApDlication for restoration of M.A.C. No. 1 292/2009 Present : Shri M.K. Bhaduri, counsel for the petitioners. Shri P. Dutta, counsel for respondent No.3. ORDER (28th November, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on the restoration petition. 2) The petitioners are seeking restoration of M.A.C. No. 1292 of 2009 which was dismissed for want of prosecution vide orderdatedOI.11.2011. 3) 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 petitionersV appellants' counsel on 01.11.2011, when M.A.C. No. 1292 of 2009 was taken up for hearing was based on bona fide grounds. 4) M.C.C. No. 797 of 2011, therefore, is allowed and M.A.C. No. 1292 of 2009 is restored to its original number. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu