.,^^^ fr"^. t' ..^^y^. ^ ^ ^I.dL^ •••;:•?'-.. '^ ^' c HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI RANGNATH CHANDRAKAR, J Applicant Non-applicants M.C.C.No. 409 of 2011 Anil Son of Shri Kanshi Ram Dhruv, aged about 34 years, Resident of Lalbagicha Ward, Dhamtari, Tahsil and District Dhamtari (C.G.) VERSUS 1 Suresh Kumar Son of Shri Chatur Singh Netam, aged about 27 years. 2 Khelan Kumar Mahilange son of Shri Dharam Das,agedabout25years. Both resident of Village Banjar, Tahsil and District Dhamtari (C.G.) 3. United India Insurance Company Limited, Krishna Complex, Kachahari Chowk, Raipur, Tahsil and District Raipur (C.G.) ApDlication for restoration of MAC No.553 of 2008 Present: Shri P.P. Sahu, counsel for the petitioner. Shri Dashrath Gupta, counsel for respondent No.3. ORDER (25th July, 2011) The following order of the Court was passed by Rajeev Gupta, CJ. Learned counsel for the parties are heard on I.A. No.01/2011, an appiication for condonation of the delay in filing the restoration petition. (^ ^ 2) On due consideration of the submissions of learned counsel for the parties and the grounds taken in the application, we are satisfied that the petitioner has succeeded in showing sufficient cause for the delay in filing the restoration petition. 3) J.A.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.(C) No.553/2008 which was dismissed for want of prosecution vide order dated 11.05.2011. 6) On due consideration of the submissions of learned counsel for the parties and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioner's/appellant's counsel on 11.05.2011, when M.A.(C) No. 553/2008 was taken up for hearing was based on bonafide grounds. 7) M.C.C. No. 409/2011, therefore, is allowed and M.A.(C) No.553/2008 is restored to its original number. subbu Sd/- Chief Justice Sd/- R.N. Chandrakar Judge