^ HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI N.K. AGARWAL, J. Applicants M.C.C. No. 544 of 2011 1. Smt. Jeena Bai Yadav, wd/o late Shivkumar Yadav, aged about 27 years 2 Prakash Yadav, aged about 9 years, s/o late Shivkumar Yadav 3 Ku. Aari:i Yadav, aged about 6 years, d/o Late Shivkumar Yadav Both minors, through natural guardian mother Smt. Jeena Bai Yadav, wd/o late Shivkumar Yadav 4 Chandrika Bai Yadav, aged about 55 years, w/o Satrughan Yadav All r/o. village Pounsara, post Pounsara, tahsil and district Bilaspur C.G. VERSUS Respondents 1, Mohammad Kalim, aged about 23 years, s/o Abdul Gaffar, Bus Driver 2. Abdul Gaffar, aged about 48 years, s/o Abdul Samad, Bus Driver Both r/o Badabazar Mungeli, tahsil and P.S. Mungeli, district Bilaspur C.G. 3. The New India Insurance Company Limited, through Branch Manager, Branch Office, Rajendra Nagar Chowk, BilaspurC.G. -SSiF3"' .C.C. No. 544 of 2011 4. Sanat Kumar Thakur, Bus-Driver, J.M. Travels, aged about 47 years s/o Shri Nandan Singh Thakur, r/o. Tikarapara, Takhatpur, dist. Bilaspur C.G. 5. Abdul Mukim Ansari, vehicle owner, J.M. Travels, r/o village and post Takhatpur, district Bilaspur C.G. 6. Th^New India Insurance Company, through Branch Manager, Branch Office Rajendra Nagar Chowk, Bilaspur C.G. ApplicatiorLfor restoration of Misc. Appeal No. 698 of 2002 \^ Present: Shri Rakesh Sahu, counsel for the petitioners. ORDER >th (19mSeptember,2011) The following order of the Court was passed by Rajeev Gupta, C.J. On due consideration, I.A. No.01/2011 is allowed and the delay in filing the restoration petition is hereby condoned. 2) Shri Rakesh Sahu, learned counsel for the petitioners is heard on the restoration petition. 3) The petitioners are seeking restoration of M.A. No.698 of 2002, which came to be dismissed for want of prosecution vide order dated 23.07.2008. 4) On due consideration of the submissions of learned counsel for the petitictiers and the grounds taken <n the restoration petition, we are satisfied that the absence of the petitioners'/appellants' ^" I.C.C. No. 544 of 2011 counsel on 23.07.2008, when M.A. No.698 of 2002 was taken-up for hearing, was based on bona fide grounds. 5) . M.C.C. No. 544 of 2011, therefore, is allowed and M.A. No.698 of 2002 is restored to its original number. Sd/- Chief Justice nimnii Sd/- N.K. Agarawal Judge 1