,rfS-"~~S' ^' ^^^^ ^ f ^ rQ' HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, CJ. HON'BLE SHRI SUN1L KUIVIAR SINHA, J, Appellant Respondents M.C.C.No. 234 of 2011 Akash Rao Ghote @ Ashok Ghote, S/o Gend Rao Ghote, aged about 37 ye^rs, R/o Q. No.23/A, Street No.37, Sector-4, Bhilai, Distt. Durg (CG) VERSUS 1. S. Malkeet Singh, S/o S. Indersing, aged not known, Caste Sjkha, Resident at Plot No.1448, Buddha Nagar, Near Urdu School, Nagpur. 2. The National Insurance Company Limited, 10, Vardhaman Nagar, Branch Bhandara Road, Nagpur, Through the Divisional Office, National Insurance Company Limited Akash Ganga Business Complex, Supela, Bhilai, Distt. Durg. Applicationjor restoration Present: Shri BP Singh, counsel forthe petitioner. Shri Gautam Kshetrapal, counsel for respondent No.2. ORDER (29th April, 2011) The following orde<:- of the Couri: was passed by Rajeev Gupta, C.J. Learned counsel for the parties are heard on IA No.01/201 1, an application for condonation of the delay in filing the restoration petition. t<aSg3a8i •^' ^. !^sf/"' 2) On due consideration, we are satisfied that the petitioner has succeeded in showing sufficient cause for the delay in filing the restoration petition. 3) IA No.01/2011, therefore, is allowed- and the delay in filing the restoration petition is hereby condoned. 4) Learned counsel for the parties are heard on the restoration petition. 5) The petitioner is seeking restoration of MA No.364 of 2002, which was dismissed for want of prosecution vide order dated 21.07.2009. 6) On due consideration of the submissions of learned counsel for the pari:ies and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioner's/appellant's counsel on 21.07.2009, when MA No.364 of 2002 was taken-up for hearing, was based on bona fide grounds. 7). M.C.C.No.234 of 2011, therefore, is allowed and MA No.364 of 2002 is restored to its original number. padma Sd/- CMef Justice Sd/- SunaKumarsinha Judge