: iess» CBioi ? fi*'£«ss^^S3h~T5"";I cf- l^ IN THE HIGH COURT OF JUDICATURE AT BJLASPUR CHHATTISGARH IVI.C.C. No./44 / 2010 !?ls;.J!]!"°il B?n;"ft APPELLANT : Harbans Singh Tuteja S/o Shri Gurdayal Singh Aged about. 41 years, Resident of a L'T^-^^n.ii^ Singh Aged about, 41 years, R< •'^f!^'^^ sir9 y' Tclrbahal- BilasPur (C-G-) ^•^^w^ ..^'^' VE RS U S ^^^^^^ y^7' _....-••""^ ^•-•" RESPONDENTS [1] -Vinod Nirmalkar, Son of shri Latel Nirmalkar, Aged about 30 years, Caste: Nirmalkar, Resident of Village, Parsada- Boderi, Police Station- Chakarbhata District Bilaspur (C.G.) [2] Latelram Nirmalkar, S/o Shri M.R. Nirmalkar, Aged -Notknown, Resident of Village, Parsada-Boderi, Police Station - Chakarbhata, District- Bilaspur. (C.G.) APPLICAnQN FORRESTORATION OF M.A. N0. 948/2004 IS DISIVIISSED BEFORE THIS HON'BLE COURT ON 08.03.2010 FOR WANT OF ii^*i<u?iy iu>i«i^a^^iI CORAM: HON'BLE SHRi RAJEEV GUPTA. C.J. HON BLE SHR! MQNATH CHAN lejlant Harbans Singh Tuteja, S/o Shri Singh, Aged abouf 41 years Sirgitty, Tarbahar, Biiaspur Gurdayat esident of 'inod Nirmalkar, Son of Shri Late Nirmalkar, Aged about 30 years, Csste : Nirmaikar, Resldent of Village, Parsada - Soderi, Police Sfation - Chakarbhsta District BilasDur (CG) 2. Late Latelram Nirmalkar, Son of Shri M.R. Nirmalkar, Aged - Not known, ResidenS of Village, Parsada - Boderi, Pollce SSation - Chakarbhata, Dlstrict - Bilaspur (CG) 148/2004. Shri V. Vijay, counsel on behaif of Shri Prakash Tiwai counsel for the petitioner. i'.'arcn, 20 The followina order of the Court was passed by i, C.J, Shri V. Vijav, learned counsel for £he Detitioner is heard on th.e restoration petition. 2. The petitioner is seeking restoration of M.A. No.948 of 2004 which came to be dismissed for want of prosecution vide order dated 08.03.2010. [^ 3. On due consideration of the submissions of learned counsel for the petitioner and the grounds taken in the restoration petltion, we are sstisfied that the absence of the petitioner's/appellant's counsel on 08.03.2010 when ^4.A.No.948 of 2004 was taken up for hearing, was based on bona fide grounds. 4. M.C.C. No. 144/2010, therefore, is altowed and M.A. No.948 of 2004 is restored to its original number. s Sd/- Chief Justice Sd/- R.N. Chandrakar Judge subbu