HIGH COURT OF CHHATTISGARH AT BILASPUR T^~ DJVISJONBENCH CORAM: HON'BLE SHRI RAJEEVGUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPLICANT Appellant RESPONDENTS M.C.C.No. 343 of 2008 R. Murgesh, S/o Raju, Aged about 52 years, Occupation - Contractor, R/o Gadhelmara, Baikunthpur, Tahsil - Baikunthpur, District- Korea (C.G.), at present R/oShubham Vihar, Tahsil & District- Bilaspur (C.G.) Versus 1. Smt. Ameeroonisha, Wd/o Jaheeruddin, aged about 66 years, R/o Baijapara, Baikunthpur,, District- Korea (C.G.), Through: Aam-Kumhtyar- Jiyauddin, S/o Late Jaheeruddin, aged about 45 years, Baijpara, Baikunthpur, District-Korea (C.G.) 2. Gurucharan Singh Gill, S/o Late Guruvachan Singh Gill, wrongly mentioned as Guruchanran Singh Gill, Aged about 40 years, Occupatjon- Contractor, At-Sendha, Aruni Dam, Chirmiri Project, P.0. Nagpur, District Korea (C.G.) APPLICATION FOR RESTORATION OF M.A. N0.493/2001 Present: Shri B.L. Dembra, learned counsel forthe petitioner. Shri Sunil Otwani, learned counsel for respondent No.1. ORDER ind (22na October, 2008) The foilowing order of the Court was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on I.A. No.01/2008, an application for condonation of delay in fiiing the restoration petition. ^. 2. On due consideration, I.A. No.01/2008 is allowed and the delay in filing the restoration petition is hereby condoned. 3. Learned counsel for the p^rties are heard on the restoration petition. 4. The petitioner is seektng restoration of M.A. No.493/2001, which was dismissed for want of prosecution vide order dated 13-03-2008. 5. 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 petitioner's/appellant's counsel on 13-03-2008, when M.A. No.493/2001 was taken-up for hearing, was based on bona fide grounds. 6. MCC No. 343/2008, therefore, is allowed and M.A. No.493/2001 is restored to its original number. nimmi Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge