^rr ;£ •^ V..A BEFOER THE HON'BLE HIGH COURT OF CHHATTISGARH AT BILASPUR M.C.C.No. [\2. /2011 i? ^l f] ®;;;' l^ p ^? ^ ?;~y ^ r^ ,.:^ t^. U|i¥ ICTP K811CB IN MISC. APPEAL. f C ^ No. 1223 / 2009 (Dismissed for want of prosecution on 25/01/2011) APPELLANTS /: NON-APPLICANTS ^ .^^^ ^w/^ 1- Parvej Khan i - S/o Abdul Karim Khan Aged about 28 Years, R/o Lalpur, Sanjay Nagar, Fingeshwar. Post & Thana Fingeshwar, Tahsil Rajim, District Raipur (C.G.) (Driver of Three wheeler Auto bearing Registration No. C.G. 04 J.B./1246) •c/0./ y' :,-yi ^P" -cr ^yyy \yey' /> ^" RESPONDENTS: ^#??^\ 4^>-^^ ^*/' v^\ ^•^ ^n^/ \^^' ^ 2- Abdul Karim Khan, S/0 Mohd. Asraf Khan, R/o Lalpur, Sanjay Nagar, Fingeshwar. Post & Thana Fingeshwar, Tahsil Rajim, District Raipur (C.G.) (Owner of Three wheeler Auto bearing Registration No. C.G. 04J.B./1246) VERSUS 1. Somnath Dhruv // S/o Vishal Dhruv , Aged about 45 years, .-2. Smt. Santoshi Dhruv, W/0 Somnath Dhruv Aged about 40 years Both Respondent No. 1 & 2 are R/o Village Sadkada, Thana Rajim, District Raipur (C.G.) (Claimants/ Parents) 3. Bajaj Allainze General Insurance Company Limited Through : Branch Manager Branch Office, Shiv Mohan Bhawan, Vidhan Sabha Road, Pandri Tahsil and District Raipur (C.G.) (Insurer of Three wheeler Auto bearing Registration No. C.G. 04 J.B./1246) APPLICATION UNDER ORDER 41 RULE 19 OF THE CIVIL PROCEDURE CODE FOR RE-ADMISSION / RESTORATION OF THECASE -"»ate HIGH COURT OF CHHATTISGARH AT HON'BLE MR. PRASHANT KUMAR MJSHRA. JJ. ADDJicants Respondents I.C.CNo.112/2011 Parvej Khan & another v's Somnath Dhurv & others Present: Mr. Satyendra Sahu, Advocate for the appilcanto. ORAL (7th March, 2011) j.M. Quddusi. J: 1. The appi'icants have fiied this application for restoration of MA (C) No.1223/2009 dismissed in default by this Court vide order dated 25.1.2011. 2. Having heard iearned counsel for the appiicants, having perused the grounds mentioned in the restoration application, we are of the opinion that iearned counsel for the appiicants has been abie to satisfactoriiy expiain his non- appearance on the date when the matter was cailed-out for hearing and therefore, the appiication is allowed and miscellaneous appeal is restored to its originai number. 3. The MCC is dlsposed accordingiy. 4. List MA (C) No.1223/2009 in the next week. 5. Certified copy as per rules. Roshanj Sd/- LM.Quddusi Judge Sd//- Prashant Kumar Mishra Judge