V-!^- HIGH COURT OF CHHATTISGARH AT BILASPUR D!V!S!QN BENCH HON'BLE SHRI RAJEFV GUPTA, C.J. & HON'BLE SKRI RANGNATH CHANDRAKAR, J. M.C.C.No.125 Of; ADplicants Respondents 1. 2. 3. Smt Sukhsagar Dharde, W/o Shravan Dharde, ageci about 35 years Kumsri Seema Dharde, aged about 16 years, D/o the deceasd Shravan Dharde (Minor) The Appeilant No.2 is minor daughter of the deceaseci. Through the guardian i.e. the mother, the appeliant No.1. they both are R/o Pardeshi Chowk, Near Bhagwa Msndir, Supeia, Bhilai, Tahsi! & District Durg, (CG) Versys Bhagwan Singh, S/o Ramtal Wasnlk, aged about 39 years, R/o Shalupur, PS Jawahar Naaar, Tahsil & Dlst Bhandara (Maharashtra), (Driver of Truck No.MP 23-D-8257) Awtar Singh, S/o Baku Singh, aged about 31 ysars, R/o Mill Arsa, Nagpur (Maharashtra) through Santosh Gupfa, -S/o Shivnand Gupte, 3 Darshan Mandir Camp No.1, Bhiiai, Tahsii & Dist Durg (CG) (Owner of the same Truck) National Insurance Comp Ltd., Meserce Laxml Bhawan Chowk, . Dharampeth, Nagpur (Maharashtra) (Application for restoration of MA.No. 347 of 2004) r Present : Smt. Somsukia Sarkar, counsel for the petitioners. th (11tnMarch2010) The following order of the Court was passed by tajeev Gupta, C.J. .'c subbu Smt. Somsukla Sarkar, learned counsel for ttie petitioners is heard on the restoration petition. 2) The petitioners are seeking restoration of Miscelianeous Appeal No. 347 of 2004, which was dismissed for want of prosecution vide order dated 3.2.201 0. 3) On due consideration of the submissions of learned counset for the petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners'/appeliant's counsel on 3.2.2010 when Miscellaneous Appeal No. 347 of 2004 was taken up for hearing, was based on bona fide grounds. 4) M.C.C.No.125 of 2010, therefore, is allowed and Mlscellaneous Appeal No. 347 of 2004 is restored to its original number. s. Sd/- ChiefJustice Sdf- R.N. Chandrakar Judge