te t £l ^^> ^\^1 ^ ^» AppeStants CJalmants HIGH COURT OF CHHATTESGARH AT BILASPUR DSVSSiON CORAIVi; SHRI RAJEEV GUPTA, C.J. & HON'BLE SHRS RANGNATH CHANDRAKAR, J. MCCNo.97of2010 1 Kalpana Rai Chaudhary, aged about 40 years, Wd/o Late Nikhil Rai Chaudhary. 2 Rekha Rai Chaudhary, Aged about 23 years, D/o Late Nikhil Rai Chaudhary. 3 Nitish Rai Chaudhary, Aged about 21 years, S/o Late Nikhil Ral Chaudhary. 4 Bappi Rai Chaudhary, Aged about 17 years, S/o Late Nikhil Rai Chaudhary. 5 Swati Rai Chaudhary, Aged about 14 years, D/o Late Nikhil Rai Chaudhary, Appilcants 4 &5 mlnors through natural guardian mother appiicant / appetiant No1 Ali R/o Hemu Nagar, besides Over bridge Bi!aspur Tah.& District Biiaspur VERSUS Suresh Bada, Aged about 25 years, S/o Manbodh, R/o Bargaon, PS Darima, Tah. Ambikapur, Distt. Sarguja (C.G). Smt. Shashi Gupta, W/o Kanak Kumar Gupta, R/o Shastri Ward No.8, Chandni Chowk, Mayapur, Amblkapur, Dlstt. Sarguja (C.G.). Branch Manager, Orientai Insurance Co. Ltd. Near Bus Stand, Bilaspur, Tah. & Distt. Bilaspur (C.G.). d^ ABBiication for restoration o¥MAC No.1447 of 2009 Present: Smt Bhagwati Kashyap, counsel for the petitioners. ORDER (3rd EVIarch, 2010) The foiiowing order of the Court was passed by s, C.J. Smt Bhagwati Kashyap, learned counsei for the petitioners is heard on the restoration petition. 2) The petitioners are seeking restoration of MAC No. 1447/2009, which was dismissed for want of prosecutlon vide orderdated 17.02.2010. 3) On due consideration of the submissions of Searned counsel for the petitioners and the grounds taken in the restoration petition, we are satisfied that the absence of the petitioners'/appellants' counsei on 17.02.2010, when MAC No. 1447/2009 was taken-up for hearing, was based on bona flde grounds. 4). M.C.C.No.97/2010, therefore, is allowed and MAC No. 1447/2009 is restored to its original number. Sd/- R.N. Chandrakar Judge Sd/- Chief Justice subbu