HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. HON'BLE SHRI N.K. AGARWAL, J. M.C.C.No. 864 of 2011 Appellant Claimant Kapil Kumar Rajak, s/o Prasid Rajak, aged about 34 years, Occupation field sales officer in Medical Company r/o village - Aat, PS Madanpur, Aurangabad (Bihar), present Address - Patnaik House, Vahidapara, Raigarh, Tahsil & Distt Raigarh (CG) Respondents Driver Owner of vehicle Insurance Companv 3 VERSUS Kirtan Mehar @ Devendra s/o Kedamath Mehar, aged about 40 years, r/o Kostapara Raigarh, Tahsil & Distt Raigarh (CG) Suraj Mehra, s/o Jagdish Prasad Mehar, aged about not known, occupation - owner ofvehicle, r/o N-12 Aasra Parisar Chaubey Colony, Raipur, at present in front of Jajandhar Kostapara Raigarh, Tahsil & Distt Raigarh (CG) The Ifko Tokiyo Insurance Company Limited, through Branch Manager, Lal Ganga Shopping Maul, Shop No.345 to 347, Third Floor Jai Sthambh Chauk, Raipur (CG) Application for restoration of MAC No.1057 of 2011 Present : Shn MK Sinha, counsel for the petitioner. ORDER •th (15InDecember,2011) '•agst^ B .^y MCC^o.864 of 2011 The following order of the Court was passed by Rajeev Gupta, C.J. Shri MK Sinha, learned counsel for the petitioner is heard on the restoration petition. 2) The petitioner is seeking restoration of M.A.C. No.1057 of 2011 which was dismissed for want of prosecution vide orderdated 25.11.2011. 3) 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 25.11.2011, when M.A.C. No. 1057 of 2011 was taken up for hearing was based on bona fide grounds. 4) M.C.C. No. 864 of 2011, therefore, is allowed and M.A.C. No. 1057 of 2011 is restored to its original number. Sd/- Chief Justice nimmi Sd/- N.K. Agarwal Judge ^