y HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUNIL KUMAR SINHA, J. APPLICANTS PETITIONERS ^' K. IVi.C.C.No.26of2008 1. M/s Kanker Roadways (Partnership Firm) Through Preetam Singh Garcha, S/o Late Jogendra Singh Garcha, Aged about 59 years, Managing Partner, Civil Lines, Raipur (C.G.) 2. M/s Rajnandgaon Roadlines, through Partner Narendrapal Singh Garcha, Aged about 45 years, Head Office-CivJI Lines, Raipur (C.G.) -^ 3. M/s Kanker Roadlines, through Partner Smt. Dibjhot Kaur Gorcha, W/6 Narendrapal Singh Garcha, Aged about 40 years, Head Office- Civjl Lines, Rajpur (C.G.) 4. M/s Durg Roadways Private Limited, through Managing Director-Nirmal Singh Bal, S/o Lakha Singh Bal, Aged about 66 years, G.E. Road, Durg (C.G.) 5. M/s Durg Travels Private Limited through Managing Director - Arun Vora, S/o Shri Motilal Vora, Aged about 44 years, G.E. Road, Durg (C.G.) 6. Durg Bus Service Private Limited through Managing Director Nand Kumar Rathod, S/o Pragji Bhai, Aged about47 y'ears, G.E. Road, Durg(C.G.) 7. M/s Naveen Transport, through Managing Partner Harjindar Singh Bal, Aged about 45 years, G.E. Road, Durg. (C.G.) 8. Durg Transport Private Limited, through Managing Director Prakash Deshlahra, Aged about 50 years, G.E. Road, Durg (C.G.) 9. M/s Payal Travels, through Partner Swarooj Chand Jain, Aged about 52 years, Sadar Bazar, Durg (C.G.) 10. Raipur Bus Service, through Partner Jaswant Singh, Aged about 62 years, R/o Durg (C.G.) 11. Manish Travels, through Partner Manish Kumar Jain, S/o Late Bhagchand Jain, Aged about 33 years, Pujgaon, Durg (C.G.) !i L. Versus NON-APPLICANTS 1. State of Chhattisgarh, Through RESPONDENTS Secretary, Department of Transport, D.K.S. Bhawan, Raipur 2. Registering Authority/Tax Officer, RaipUr (C.G.) 3. Registering Authority/Tax Officer, Durg (C.G.) ApDlication for Settina Aside the order of dismissal of the Writ Petition No.1297/06 dated 28/11/07 and for Restoration of the said Writ Petition. Present: Shri B.K. Rawat, learned counsel for the applicants Shri M.P.S. Bhatia, Deputy Government Advocate for the State. ORDER (4th March, 2008) The following order of the Court was passed by Rajeev Gupta, C.J. Heard learned counsel for the parties. E' x Subbu 2. The applicants are seeking restoration of W.P. No.1297/2006, which was dismissed for want of prosecution vide order dated 28-11-2007. 3. On due consideration of the submissions of learned counsel for the parties and the grounds taken in the restoration petition and the affidavit filed in support thereof, we are satisfied that the absence of the petitioners' counsel on 28-11-2007 when W.P. No.1297/2006 was taken up for hearing, was based on bona fide grounds. 4. Therefore, M.C.C. No.26/2008 is allowed and W.P.No.1297/2006 is restored to its original number/butwithout interim relief. 5. The applicants/petitioners, however, shall be at liberty to apply afresh forgrant of interim relief, which shall be considered on its own merits. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge