^ 1 fc HIGH COURT OF CHHATTISGARH AT BiLASPUR D.B. HON'BLE SHRI DHIRENDRAMISHRA. & HON'BLESHRI R.N.CHANDRAKAR.JJ M.C.C.No.29of2010 ARpeUant Respondents Versus 2. 3. Bhaiya Lall, S/o Sobhanath, Employee of Katkona Colliery, aged about 52 years, working at S.E.C.L. Baikunthpur, Area, S.E.C.L. District Koria (CG) S.E.C.L Through It's Chairman-cum-M Director, Seepat Road, Bilaspur (CG) Genera! Manager, S.E.C.L, Baikunthpur Area, District Koria(CG) ; Sub Area Manager, Katkona Colliery, S.E.C.L. P.0. KatkonaColliery, District Koria(CG) Present Mr.S.N. Prasad. counsel for the applicaht. ORALORDER {22nd January, 2010) Per Dhirendra Mishra. J The instant application has been filed for restpration of MCC No. 363/08 and consequently, originai applJcation (MCC No.87/08) for restoration of the writappeal. Thisapplication has been fited with a delay of 74 days as per office note dated 29.12.2009 alongwith IA No.01, application for condonation of delay and affidavit in s Heard on IA No.01, application for condonation of delay. From fhe documents available in the petition, it appears that MCC No.363/08 was filed for restoration of IVICC No.87/08 as the said application was dismissed by this Court vicle orderdated 13.8.2008 for want of prosecution. MCC No.87/08 was filed for restoration ofWANo.261707.which was dismissed by this Court for non-prosecution on 11.10.2007. Shri Prasad. learned counsel for the appiicant submitsthat non- appearance of counsel for the appellant on 11.10.2007 was bonafide, whereas, the counsel could not appear on 16.9.2009in MCC No.363/08 due to his old age and medical problem, In these circumstances, delay in filing this appiication be condoned. On due consideration, we find that the applicant has not assigned any reason for delayof 74 days in filing this application for restoration of MCC No.363/08. Thus, application for condonatjon of delay in filing the present MCC is rejected. Consequently, IVICC No.29/2010 is aiso (jlsmissed as barred by limitation. Sd/- Dhirendra Mishra Judge Sd/- R.N. Chandrakar Judge