HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. Applicants IVI.C.C.No.489of2011 1. Smt Sanjudevi Mahato, Wd/o Late Sanjay Kumar Mahato, aged about 32 years 2. Pawan Kumar (Minor), aged about 11 years 3. Manish Kumar (Minor), aged about 7 years 4. Ku Mamta (Minor) aged about 5 years Appellant No.2 to 4 are the sons and daughter of late Sanjay Kumar Mahato. All three of them are minors through natural guardian (mother) Smt Sanju Devi Mahato, w/o Late Sanjay Kumar Mahato All are r/o village Raghunathpur, Post - Dedhgaon, PS Kashichal, Distt Nawada Bihar Present Resident of House of Shri Sharda Sonkar, village - Bhatgaon, PS Purani Basti, Raipur, Tahsil and Distt Raipur (CG) VERSUS Respondents 1 Shri Bunti @ Virendra Kumar Sharma, s/o Kujlal Sharma, aged about 39 years, r/o Kalibadi Chowk, Raipur, PS - Kotwali Raipur, Distt - Raipur (CG) (Driver of offending vehicle No. CG -04 - E- 0355) 2 Shri S Ahuja, s/o Late Shri Jaisingh M.C.C.No.489of2011 Ahuja, aged about 44 years, r/o Pachpedi, Naka, Raipur, Distt Raipur (CG) (owner of offending Vehicle) 3 The Oriental Insurance Company Private Ltd., CBO - 2, Madina Manjil Kacheri Chowk, Raipur, Tahsil and District Raipur (CG) ApDlication for restoration of Misc. Appeal (Cl No.837/2009 Present: Shri A.S. Rajput, counsel for the petitioners. ORDER >th (08r"August,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Shri A.S. Rajput, learned counsel for the petitioners is heard on the restoration petition. 2) The petitioners are seeking restoration of M.A.C.No.837 of 2009, which was dismissed for want of prosecution vide order dated 12.07.2011. 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 12.07.2011, when M.A.C.No.837 of 2009 was taken-up for hearing, was based on bona fide grounds. 4). M.C.C. No. 489 of 2011, therefore, is allowed and M.A.C. No.837 of 2009 is restored to its original number. Sd/- Chief Jusdce Sd/- R.N. Chandrakar Judge )lA