^•^ /'^'~% 11.,^:.^ 1 1 ^SS'^ j HIGH COURT OF CHHATTISOARH AT BILASPUR Dg: Hon'ble Shri Sunil Kumar Sinha & Hon'ble Shri Radhe Shvam Shanna. JJ. M.C.C.No.310/2011 ^ AppSicant Appellant Respondents Vs. 1. l"^ Smt. Nirmala Chandrsd<ar, wife of Late Shri Rajkumar Chandrakar, aged about 4Q years, resident of viilage Kugda, Thana Kumhari Chowki, Thsil Patan, District Durg Chhaftlsgarh Ashok Kumar Yadav. Son of SW Bhagwat Yadav, aged about 38 years, resident of Camp-1, Shantipara, Thana Ctihaoni, BhUai, district Durg, Chhattisgarh (Driver of Truck No.CG-07-ZC- 0873) Smt. Balbir Kaur, Wife of Shri DiSbag Singh, aged about 48 years, resident of MIG-1, House No.2102, M.P. Housing Board, Bhilai, District Durg Chhattisgarh (Owner of the truck No.CG-07-ZC- 0873) Shriman Branch Manager, Branch The New Indian Insurance Company Limited, Nandini Road, Power House, Bhilai, District Durg Chhattisgarh (Policy No. 451201/31/01/21360) Present: Mr. Amrito Das, counsel for the applicant. Mr. Sourabh Sharma, counsel for respondwt No.3. ORAL ORDBR (26.07.2011.) Heard. Applicant Smt. Nirmala Chandrakar has filed this applicatjon for restoration of M.A. (C) No.375/2007, which was dismissed for want of -^:^ IL ^^ 1 ^f^y^ 1 "^-. ^ M.C.C.No.310/2011 prosecution on 20.4.2011, as none appeared on behalf of the applicant on the said date, when the matter was taken up for hearing. 2. On due consideration of the submissions made by learned eounsel for the parties and the grounds taken in the restoration appltoatlon, we are satisfied that the absence pf leamed counsel for the applicant on 20.4.2011 when M.A.(C) No.375/2CM)7 was taken up for hearhg was based on bonafide grounds and the restoration application deserves to be allowed. 3. Accordingly, M.C.C. No.310/2011 is attowed and M.A.(C) No.375/2007 is restored tp its original number. Sd/- Sunil Kumar Sinha Judge Sd/- R.S. Sharma Judge Bini