Division Bench allowed a restoration petition (M.C.C. No. 04 of 2012) for M.A.C. No. 733 of 2010, dismissing the previous dismissal for want of prosecution. The court found the counsel's absence on the hearing date was bona fide.
M.C.C. No. 04 of 2012 allowed; M.A.C. No. 733 of 2010 restored to its original number.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
E
HIGH COURT OF CHHATTISGARH AT BILASPUR
DIVISIONBENCH
CORAh/1: HON'BLE SH.RI F(AJEEV GUPTA, C.J. & HON'BLE SHRI RANGNATH CHANDRAKAR, J.
M.C.C.No.04of2012
Applicants 1. Smt. Reshina Begum, wd/o late Claimants Tasleem, age 44 years, 2. Imran, s/o late Tasleem, age 15 years, 3. Vicky, s/o late Tasleem, age 16 ; years, 4. Aashu, s/o late Tasleem, age 17 years, Appellant'no. 2 to 4 through natural guardian their mother Smt. Reshma Begum All r/o vill. Shahbad, distt. Rampur U.P.
VERSUS
Respond^nts 1. Mo. Anwar, s/o Mo. Jahur Musalman, age 30 year, r/o Swagat Hotel, Ramoli, tah. & distt. Badodara, Gujrat, at present S.K. Transport Private Ltd. Jalgaon, Maharashtra (Non applicantNo.1 Driver) i. S.K. Translines Private Ltd., 13 Tara Complex, G.E. Road, Bhilai, distt. Durg C.G. (Nonapplicant No.2 Owner)
!. The New India Insurance Company Limited, through Branch Office, Jail Rpad, Madina Building, Raipur C.G. (hlonapplicantNo.3)
Aefilicationf6rrestoratiQn^t!VIAJCL .733^f20iO
M.C.C.No.04of2012
Present: Shri Sanjay Agrawal, counsel for the petitioners.
ORDER •th (06In February, 2012)
The following order of'the Court was passed by Rajeev Gupta, C.J.
Shri Sanjay Agrawal, learned counsel for the petitioners is heard on the restoration petition.
^&
No.733 of 2010 is restored to its original number.
Sd/- .
ChiefJustice
Sd/-
R.N. Chandrakar
Judge
subbu
i.W.
v <-
1 issue framed by the court
Whether the restoration of M.A.C. No. 733 of 2010 should be allowed because the absence of counsel was based on bona fide grounds.
Smt. Reshina Begum
Imran
Vicky
Aashu
Mo. Anwar
S.K. Translines Private Ltd.
Ajeev Gupta
Rangnath Chandrakar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
