HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J, M.C.C. No. 564 of 2011 Applicants Petitioners 1 Sharawan Kumar Chhabra, s/o Diwan Chandra, aged about 47 years 2 Smt Pushpa Rani, w/o Shrawan Kumar, aged about 45 years Smt Neha Chhabra, w/o Late Raja @ Mandeep Singh Chhabra, aged about 21 years Shabd Singh, s/o Late Raja @ Mandeep aged about 1 year Minor through his mother Smt Neha Chhabra, w/o Late Raja @ Mandeep Chhabra All the r/o Village Bilha, Tahsil & Distt Bilaspur (CG) Non-apDlicants 1 Respondents f^ VERSUS Prakash Tiari, s/o Mahendra Dutta Tiwari, aged about 56years, r/o Station Road, Baans Tal, Raipur, Presently R/o Rohit Tiwari, s/o Prakash Tiwari, MIG 20, Nehru Nagar, T&hsil & Distt Bilaspur (Owner of the Truck No.CG-04- JA/3192) Ranglal Baiga, S/o Harilal Baiga, aged about 43 years, r/o Baiga Para, Chirimiri, Distt Koria, Through Rohit Tiwari, s/o Prakash Tiwari, r/o MIG-20, Nehru Nagar, Bilaspur (Driver of the Truck NO.CG-04-JA/3192) Branch Manager, Bajaj Allianz Insurance Co Ltd., Bilaspur (CG) Reg Policy No.OG-09-995-1803-00033358, Chirimiri Ambikapur f /-—-& £- "^ s^^K^^ VS9SSSS MCCNo. 564 of 2011 ApDlication for restoration of IVI.A.(C) No. 1477 of 2009 Present: Shri Pramod Shrivastava, counsel on behalf of Shri P.S. Koshy, counsel forthe petitioners. ORDER >th (29InAugust,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Pramod Shrivastava, learned counsel appearing on behalf of Shri P.S. Koshy, learned counsel for the petitioners is heard on the restoration petition. 2) The petitioners are seeking restoration of M.A.(C) No.1477 of 2009, which was dismissed for want of prosecution vide order dated 29.07.2011. 3) On due consideration of the submissions of learned counsel for the petitioners and the grounds taken in the restoration. petition, we are satisfied that the absence of the petitioners'/appellants' counsel on 29.07.2011, when M.A.(C) No. 1477 of 2009 was taken-up for hearing, was based on bona fide grounds. 4) M.C.C. No: 564 of 2011, therefore, is allowed and M.A.(C) No.1477 of 2009 is restored to its original number. Sd/- Chief Justice subbu Sd/- ' R.N.ChaisdrakaF Judge