HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAIVI: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J. M.C.C.No. 637 of 2011 ApDlicant : Akshay Kumar Namdeo, son of Reva Prasad Namdeo, aged 35 years, r/o ^" . Vidyanagar, Pendra, Tahsil Pendraroad, district Bilaspur, C.G. VERSUS Non-ApRlicants Chhote Kurmi son of Tharai Kurmi aged about 20 years, Krishna Kumar Kashyap, son of Sant Ram Kashyap, aged about 24 years, Both r/o village ptgavan, Tahsil Penraroad, district Bilaspur C.G. A^plication for restoration of Misc. Appeal fCl No.1474/2009 l^* Present: Shri Prakash Mishra, counsel for the petitioner. ORDER >th (19InSeptember,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 Prakash Mishra, learned counsel for the petitioner is heard on the restoration petition. ^yes^ ,i^>SSit ^'l. 1,1"T~JJ ^^v:^ M.C.C No.637 of 2011 3) The petitioner is seeking restoration of M.A.C. No.1474 of 2009, which was dismissed for want of prosecution vide order dated 29.07.2011. 4) 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 29.07.2011, when M.A.C. No. 1474 of 2009 was taken-up for hearing, was based on bona fide grounds. 5) M.C.C. No. 637 of 2011, therefore, is allowed and M.A.C. No. 1474 of 2009 is restored to its original number. Sd/- Chief Justice subbu Sdl- R.N. Chandrakar Judge