i ^ HEGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI SUNIL KUMAR SINHA, J. APPLICANT/ APPELLANT M.C.C.No.309of2008 Santosh KumarYadav, S/o Mahru Ram Yadav, Aged about 28 years, R/o Lakhe nagar Dhal, Tudrapariya Traveis, Lakhenagar Chowk, Raipur, Tehsil & District - Rajpur, Chhattisgarh. NON-APPLICANTS/ 1. RESPONDENTS Versus Smt. Vasugi Sah.u, W/o Late Shri Loknath Sahu, aged about 39 years, R/o Shivnagar, Raipur, Chhattisgarh. 2. Shri Yogesh KumarSghu^S/o Late Shri Loknath Sahu, aged about 1 6 years, R/o Shivnagar, Raipur, Chhattisgarh. 3. Krishna Kumar Kadra, S/o Bishakhu Ram Kadra, Aged about 28 years, C/o through Santosh Kumar Yadav, R/o Lakhe nagar Dhal, Tudrapariya Travels, Lakhenagar Chowk, Tehsil & District Raipur, Chhattisgarh. 4. The Oriental Insurance Company, Through Divisional Manager, Division Officer, Kachhari Chowk, Madina Building, Jaii Road, Raipur, Tehsil & DJstrict Raipur, Chhattisgarh Mlscetlaneous Clvil Case for Restoration of M.A.C. No.757 of 2007 and !.A. No.3 of 2008 in M.A.C. No.757 of 2007 arisina out of Order dated 21.8.2008 , Present: Shri Ankit Singhal, learned counsel for the petitioner. sth ORDER (9m September, 2008) The foifowing Order of the Court was passed by Rajeev Gupta, C.J. -il subbu 1) Learned counsel for the petitioner is heard on the" restorationpetition. 2) The petitjoner is seeking restoratiph of M.A.(C). No. 757/2007, which was dismissed fbr want ;of prosecution vide order dated 21 -08-2008. 3) On due consideration of the submissions of learned counsel for the petitioner, we are satisfied that the absence of the petitioner's counsel on 21 -08-2008 when IVI.A.(C) No.757/2007 was taken up for hearing, was based on jbona ^tfe grounds. 4) M.C.C. No.309/2008, therefore, is allowed and M.A.(C) No.757/2007isrestoredtoitsoriginalnumber.| Sd/- Chief Jusrice :^1 Sd/- Sunil Kumar Sinha Judge