l2> HIGH COURT OF CHHATTISGARH AT BJLASPUR DIVISION BENCH CORAM: HON'BLE SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRi SUNIL KUMARSiNHA, J. ApDlicants ^; V..-.-/ L- •c- MCCNo,74of2010 1 Smt Rameshwari Goutam, W/o Late RS Goutam, Aged about 30 years 2 Gita Kumar (Minor), D/o Late RS Goutam, Aged about 12 y'ears, through Mother and iegai guardian Smt Rameshwari Goutam 3 Mohinder Singh Goutam (Minor), S/o Late RS Goutam.aged about 10 years, through Mother and legai guardian Smt RameshVi/ars Goutam 4 Dipa Kumari (Minor) D/o Late RS Goutam, j Aged about 8 ysars, through Mother and legal guardian Smt Rameshvvari Goutam 5 Likharam, S/o Late Ramadhar Stngh Goutam Aged about 65 years 6 Smt Sushiia Goutam, W/o Shri Likharam Goutam, Aged about 60 years Ali resident of Shastri Nagar, Bhilai, PO and Thana : Supela, Tehsi! and District-Durg (CG) Versus Respondents Mahesh Kumar, S/o Sukhram Dhruw, Aged about 25 Years, Resident of Chindwara Road, Seonl, Tahss! and Dist Seoni (MP) Occupation: Truek Driver Rabindra Baghel, S/o RS Baghel, Aged about 25 years, Resident of Rosebila Colony, Akbar Ward, Seoni, Tahsi'S and Dlst Seonl ^J' ^;' /! (MP) Oceupation: TruckOwner 3 The United Insurance Company Limited Branch Offlce, Church Karyalaya, Seoni, Through Its Divisional Manager, The United Insurance Company Limited, Tata CompSex Power House Bhilai; Dist - Durg (CG) ADDiicatlon for restorationof the miscelSaneous apDeal Present : Shri Jitendra Gupta, counsel for the petitioners. Order sth (46tn February, 2010) The following order of the Gourt was passed by Rajeev Gupta, CJ. Shri Jitendra Gupta, learned counsel for the petltioners is heard on IA No.1/2010, a petition for condonation of the delay in fiiing the restoration petition. 2) On due eonsideration of the submissions of learned counsel for the petitioners and the grounds taken in the application, we are satisfied that the petitioners have succeeded in showing sufficient cause for the delay in filing the restoratlon petition. 3) IA No.1/2010, therefore, is allowed and the delay in Yiling the restoration petition is hereby condoned. 4) Shri Jitendra Gupta, learned counsel for the petitioners is heard on the restorationpetition. 5) The petitioners are seeking restoration of M.A.No.746 of 2002 which was dismissed for want of prosecution vide order dated 22.07.2008. .J; subbu Hii ?.l li f ^ 6) 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 petitionersVappellants' counselon 22.07.2008 when M.A.No. 746 of 2002 was taken up for hearing, was based on bona ftde grounds. 7) iVI.C.C. No. 74/2010, therefore, isallowed and M.A.No.746 of 2002 is restored to its originat number. Sd/- Chief Justice Sd/- Sunil Kumar Sinha Judge w"