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. 420 of 2011 Appellants Claimants IWBlll (.( Respondents Driver Owner Insurer 1. Shri Nantu Aaich, S/o Shri Kalachand Aaich, aged about 60 years. 2. Smt. Savita Aaich, W/o Shri Nantu Aaich, aged about 55 years. 3. Smt. Madhumita Aajch, W/o Late Shri Tapan Kumar Aaich, aged about 28 years. 4. Ku. Tusharita Aaich, aged about y/2 years (minor) through legal guardian Smt. Madhumita Aaich, W/o Late Shri Tapan Kumar Aaich 5. Master Aakash Aaich, aged about 1^ years (Minor) through tegal guardian Smt. Madhumita Aaich, W/o late Shri Tapan Kumar Aaich All appellants are R/o Village Nayapara, Tahsil-Bhanupratappur, District-Kanker VERSUS 1 Dasrath Singh Dhruw, S/o Shri Lakhan Singh Dhruw, aged about not known, R/o Ganganagar, Police Station- Khamtarai, District-Raipur (C.G.) (Vehicle No. C.G.04 Z.C. 0580) 2 M/s Manobhai Patel & Company Limited, R/o Near Katholic Church, Bhanpuri, Raipur, District - Raipur (C.G.) 3 Oriental insurance Company Limited, Head Office CB 02, Fjrst Floor, Madin Manjil, Jail Road, Kachachri Chowk, Raipur, District-Raipur(C.G.) (Insurer of Vehicle No. C.G. 04 Z.C. 0580) .'r :^31S!?^\ f^^ ^ ^•^ ApDlication for restoration of the M.A.(Cl No. 28 of 2009 Present : Ms. Sunita Jain, counsel for the petitioners. ORDER (27thJuIy,2011) The following order of the Court was passed by Rajeev Gupta, C.J. Ms. Sunita Jain, learned counsel for the petitioners is heard on the restoration petition. 2) The petitioners are seeking restoration of M.A.(C) No.28/2009 which came to be dismissed for want of prosecution vide order dated 29.06.2011 . 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 29.06.2011, when M.A.(C) No. 28/2009 was taken up for hearing was based on bonafide grounds. 4) M.C.C. No. 420/2011, therefore, is allowed and M.A.(C) No.28/2009 is restored to its original number. Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu