..-•.•y i«N^ fy^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISiON BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHRi SUNtL KUMAR SSNHA, J. APPELLANT: CLAIMANT RESPOND_ENTS M.C.C.No. 423 of 2008 Anil Sharma, S/o Shri Dwarika Pi-asad Sharma, Aged about 32 years, R/o Purani Basti, Beside Street of Sarsvv'ati School, Lohar Chowk, P.S. Purani Basti, Tahasii & District, Raipur (C.G.) Versus Sazid Aii, S/o Shri Mehaboob. Aii, Aged about 33 years, Occupation- Driver, R/o Nehru Nagar, P.S. City - Kotwali, Distt. Raipur, (Driver of Metador Bearing No.M.P.DA./7136) 2. Tarachand Chouhan, S/o Shri Tanwasi Chouhan, R/o Shiv Compfex, Kampa, P.S.- Mova Pandri, Distt. Raipur (C.G.) (Registered Owner of Metador Bearing No. M.P.DA./7136) 3. The New Sndia Insurance Company Limited, Through Divisiona! Manager, Division Office, Near Kutohery Chowk, Jail Road,' Raipur (C.G.) (Insurer of the Vehicle Metador BearingNo.MPDA/7136) APPLICATION UNDER ORDER 41 RULE 19 OF THE CIVIL PROCEDURE CODE FOR RE-ADR^ISSSON/RESTORATION OF THE CASE Present: Shri Satyendra Sahu, counsel for the petitioner. ORDER £$h (5tn January, 2009) The foliowing order of the Court was passed by Rajeev Gupta, C.J.: .-...'" ^o ^'•;^. '^ s; t\\ ^ Learned counsel for the petitioner is heard on the restoration petition. 2. The petitioner is seeking restoration of M.A. No. 638/2004; which was dismissed for want of prosecution vide order dated 19.11.2008. 3. On due consideration of the submissions of learned counsel for the petitioner and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioner's counsei on 19.11.2008 when IVI.A. No.638/2004 was taken up for hearing, was based on bona fide grounds. 4. M.C.C. No.423/2008, therefore, is allowed and M.A. No. 638/2004 is restored to its original number. padma Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge