^'i>1--- '^. ff!/ ^ ^ 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. 408 of 2011 Applicants 1. Nandlal Jaiswal s/o Vibhutiram age about 66 years r/o Village Sargaon P.S. Basantpur Tah. Ambikapur Distt. Sarguja C.G. 2. Smt. Lalita Devi w/o Nandlal Jaiswal age about 62 years r/o village Sargaon P.S. Basantplur Tah. Ambikapur Distt. Sarguja C.G. VERSUS Respondents Sardar Jagatar Singh s/o Sardar Chhota Singh ageel about 28 years, occupation vehicle owner, r/o 77, C.R. Avenu Calcutta 12 & 20 Bagmari Road Calcutta 54 (West Bengal) Moh. Aslam s/o Moh. Nishar Khan, aged about 30 years, occupation vehicle owner, r/o village ware, Thana Barampur distt. Gajipur U.P. (Died) Omitted. The New India Insurance Co. Ltd. Division 512800, 11, Prafull, Sarkar Street Calcutta - 72, (West Bengal) Smt. Prabhudani w/o aged about 57 years Navin Xalxo 5. Ku. Anita Xalxo d/o Navin Xalxo agedabout 25 years. 6. Ku. Kurbani Xalxo d/o Navin Xalxo aged about 22 years. All residence Rambhata Raigarh Tah. & Distt. Raigarh C.G. Id^' ^ ^, l^^^^.';-..';;.;'^ vl •^-:11 (S) ApDlication for restoration of MA No.608/2004 '^^ Present: Shri Amit Sharma, counsel for the petitioners. ORDER (25th July, 2011) The following order of the Court was passed by Rajeev Gupta, C.J. By allowing I.A. No.01/2011, the petitioners are granted exemption from fijing certified copy of the order dated 02.05.2011, whereby the petitioners' appeal M.A. No.760/2004 was dismissed for want of prosecution. 2) Shri Amit Sharma, learned counsel for the petitioners is heard on the restoration petition. 3) The petitioners are seeking restoration of MA No.608 of 2004, which was dismissed for want of prosecution vide order dated 02.05.2011. 4) On due consideration of the submissions of learned counsel for the petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners'/appellants' counsel on 02.05.2011, when MA No.608/2004 was taken-up for hearing, was based on bona fide grounds. 5) M.C.C. No.408 of 2011, therefore, is allowed and MA No.608/2004 is restored to its original number. mmmi Sd/- ChiefJustice Sd/- N.K. Agarwal Judge