HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV ©UPTA,C.J. & HOM'BLE SHRI SUNIL KUIViAR SINHA, J. MCCNo.24/2009 Applicants AppeiSant/Defendant No.3 RESPONDENTS CLAIMANTS 3. 4. 5. 6. 7. IFFCO - TOKIO GENERAL INSURANCE COMPANY LJMITED, Through : The Branch Manager, Iffco - Tokio General Insurance Company Limited, 3rd Floor 345 < 357, Lalganga Shopping Ma(, GE Road, Raipur (CG) Versus Satpal Singh, aged about 14 years, S/o Late Shri Surendra Singh (Minor) Represented through Guardian Mother Smt Dalbeer Kaur Jaspal Singh, aged about 17 years, S/o Late Shri Surendra Singh (Minor) Represented through Guardian Mother Smt Dalbeer Kaur Ku Devendra Kaur, aged about 20 years, D/o Late Shri Surendra Singh Smt Lavdeep Kaur, aged about 23 years W/o Dharampreet Singh Smt Dalbeer Kaur, aged about 42 years, W/o Late Shrs Surendra Singh Shri Bhajan Singh, aged about 65 years, F/o Late Shri Surendra Singh Smt Mahendra Kaur, aged about 62 years, M/o Late Shri Surendra Singh Respondnets No.1 to 7, all are resident of Rajendra Prasad Chowk, Bhilai, District Durg (CG) RESPONDENT DEFENDANTN0.1 8. Rampravesh Prasad, S/o Jaddu Prasad. Resident - through MS Raipur coal Fields LimJted, First Floor, Mohsin Market, Guru Nanak Chowk, Raipur (CG) Driver of the Truck having registration No.CG 04 J 3243 9. Ms Raipur Coal Fields Limtted, First Floor, Mohsin Market, Guru Nanak Chowk, Raipur (CG) Owner of the Truck havlng registration No.CG 04 J 3243 APPLICATION FOR RESTORATION OF M.A.C.NO.1357/2008. Present : Shri Yashwant Singh Thakur, cour^el for the petitioner. RESPONDENT DEFENDANT N0.2 ORDER »nd (22na January, 2009) The following order of the Court was passed by Rajeev Gupta, C.J. Shri Yashwant Singh Thakur, learned counsel for the petitioner is heard on IA No.01/2009, a petition for condonation of the delay in filing the restoration petition. 2) On due consideration of the submissions of learned counsel for the petitioner, we are satisfied that the petitioner has succeeded in showing sufficient cause for the delay in filing the restoration petitlon. 3) IA No.01/2009, therefore, is allowed and the delay in filing the restoration petition is hereby condoned. 4) Learned counsel for the petitioner is heard on the restoration petition. subbu ^» 5) The petitioner/ Insurance Company Is seeking restoration of Misc. Appeal (C). No.1357/2008, which came to be dismissed for want of prosecution vide order dated 14.11.2008. 6) On due consideration of the submissions of learned counsel for the petitioner and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioner's/appellant's counsel on 14.11.2008 when MA.C.No.1357/2008 was taken up for hearing, was based on bonaftde grounds. 7) MCC No.24/2009, therefore, is atlowed and Misc. Appeal (C).No.1357/2008 is restored to its original number. Sd/- Chief Justice Sd/- SunilKumar Sinha Judge