Av6' s'f & ' HIGH COURT OF CHHATTISGARH AT BILASPUR DIVISION BENCH Coram : HON'BLE SHRI RAJEEV GUPTA, CJ. & HON'BLE SHR! T.P. SHARMA, J. APPLICANT APPELLANT RESPONDENTS DRIVER I.C.C. N0.415 OF 2009 Vishnu Prasad, S/o Adhari Ram Sahu, Aged about 36 years, R/o Village - Gota, PS Berla, District Durg (CG) Versus 1. Shiv Prasad, S/o Phirtu Ram Sahu, Aged about 28 years, R/o Bazar Chowk, Nandini Khundni, PS Nandini, District Durg (CG) (Truck Driver) OWNER 2. Manoj Dewangan, S/o DR Dewangan, Aged about 31 years, R/o Village - Devarjhat, Post - Nandini, District - Durg (CG) fTruck Owner) INSURER 3. Branch Manager, Natlonal insurance Company, Branch No.1, Bhutani ComplexGE Road, Power House, Bhilai, DistricS Durg (CG) (Insurer Company) APPLICATION FOR RESTORATJON OF MA (0 No.1307/2008 Present: Shri Abhay Tiwari, counsel for the petjtioner. ORDER •th F (5'" October, 2009) The foliowing order of the Court was passed by Rajeev Gupta, C.J.: Shri Abhay Tiwari, learned counset for the petitioner is . heard onjhe restoration petition. :|sri'":" —--^ ;/L11^ ^EPh?? I'l'l tfTt w subbu .£ f: £'. •X \;.. 2. The petitioner Is seeking restoration of MA (C) No.1307/2008, which was dismissed for want of prosecution vide orderdated 10.09.2009. 3. On due consideration of the submissions of learned counsel for t^e petitioner and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioner's/ appellant's counsel on 10.09.2009 when MA (C) No.1307/2008 was taken up for hearing, was based on bona fide grounds. 4. M.C.C; No. 415 of 2009,therefore, is allowed and MA (C) No.1307/2008 is restored to its original number. Sd/- Chief Justice Sd/- T.P. Sharma Judge ISB