HIGH COURT OF CHHATTISGARH AT BILASPU DIVISION BENCH CORAM: HON’BLE SHRI RAJEEV GUPTA, C.J. & HON’BLE SHRI SUNIL KUMAR SINHA, J. M.C.C. No.154 of 2004 APPLICANT CLAIMANT Amritnand Sahu, aged about 11 Yrs. Minor S/o Anirudh Sahu, (Appeal on behalf of minor son Amritnand, the father Anirudh Sahu, aged about 42 yrs., S/l Mukundiram Sahu, R/e Vill. Ravan, P.S. Parsada, Tahsll Rajim, District Raipur (C.G.) Versus Santosh Sahu, aged about 34 yrs. Slo Pratap Sahu, Motorcycle Driver and Owner, near Govt. Hospital, Naya Para, Distt. Raipur (C.G.) (Driver & Owner) 2. The Oriental lnsurance Comp. Ltd., Through the Divisional Manager, Division omce at Kachahari Chowk, Jaii Road, Raipur (C.G.) (insurer) RESPONDENTS 1 . Appeal Under Order 41 Rule 19 of the C.P.c. for Restoration of the Order Dated 01.11.2004, Passed in MA, No.403l2004 Present: Smt. Somsukla Sarkar, counsel for the petitioner. ORDER (24m September, zoos) The following order of the Court was passed by Rajeev'Gupta, c.J. Learned counsel for the petitioner is heard on the restoration petition. ’2) The petitioner is seeking restoration of M.A. No.403/2004, which was dismissed for want of prosecution vide order dated 01 -1 1-2004. s R @@ 3) On due consideration of the submissions of iearned counsei for the petitioner/appellant, we are satisfied that the absence of the petitioner’s/appellant’s counsei on 01-11-2004 when M.A. No.403/2004 was taken up for hearing, was based on bona tide grounds. 4) M.C.C. No. 154/2004, therefore, is allowed and MA. No.403/2004 is restored to its original number. Sdl- sm- CHIEF JUSTICE ~~l