HIGH COURTOFCHHATTISGARH AT BILASPUR Single^ench : Hon'ble Shri Dilip Raosaheb Deshmukh. J. Applicants Claimants Non-applicants Respondents Misc. Civil Case No.42 of 2009 1. Sanjay Kumar Diwakar, Son of Shri Satyaprakash Diwakar, aged about 14 years, Minor through his natural guardian mother Smt. Saraswati Diwakar. 2. Smt Saraswati Diwakar, aged about 36 years, wife of Shri Satyaprakash Diwakar; Both are residents of Village Ameri, Police Station Chakerbhatha, District Bilaspur (C.G.) Versus 1. Laxminarayan, son of Shri Budhari, Resident of Village Ameri, Police Station Chakerbhatha, District Bilaspur (C.G.) 2. Tajender Singh, Son of Shri Darshan Singh Punjabi, aged about 25 years, Resident of Telephone Exchange Road, In front of Geeta Lodge, Police Station Civit Lines, Bilaspur, District Bilaspur (C.G.) 3. New India Insurance Company Limited, Bilaspur, District Bilaspur (C.G.) APPLICATION FOR THE RESTORATION OF MISC. APPEAL (Cl N0. 1000/2007 Present : Shri G.P.Kurre, counsel forthe applicants/claimants. ORAL ORDER (Passed on 11th February, 2009) Heard on IA.No.1 for condonation of delay in filing M.C.C. for restoration of M.A.(C).No.1000/2007 which was dismissed on 22.02.2008 in default. 2. Learned counsel for the applicants has admitted that it was solely because of his fault in pursuing the matter that the applicants/claimants could not file M.C.C. in time. 3. In the facts and circumstances and for the reasons assigned in the application, it is atlowed subject to cost of Rs.300/- to be deposited by the counsel and not the claimants in the High Court Legal Aid Committee. 4. Heard on M.C.C. for restoration of Misc. Appeal No. 1000/2007 5. For the reasons mentioned therein, it is allowed subject to cost of Rs.200/- payable by the counsel and not the claimants to the High Court Legal Aid Committee. On payment of cost by the counsel within a period of 7 days from today, Misc. Appeal (C) No. 1000/2007 is restored to its original number. 3. In view of the above, M.C.C. stands disposed of. Misc. Appeal (C) No. 1000/2007 be now listed. Dilip Raosaheb Deshmukh Judge •<Lni ^ .0