Madhya Pradesh High Court
Union Of India Central Railway Mumbai vs M/S Goenka Lime And Chemicals Pvt. Ltd. ... on 28 June, 2016
MCC-1283-2016
(UNION OF INDIA CENTRAL RAILWAY MUMBAI Vs M/S GOENKA LIME AND CHEMICALS PVT. LTD.
R/O GOENKA BHAWAN STATION ROAD KATNI)
28-06-2016
Shri Atul Choudhary, counsel for the applicant.
This miscellaneous civil case has been instituted on an
application for restoration of F.A.No.958/2006, which stood
dismissed for noncompliance with common conditional order
dated 28.02.2014.
Heard on I.A. No. 6369/2016 under Section 5 of the
Limitation Act for condonation of delay of 761 days in filing
this application for restoration on the ground that due to
inadvertence, learned counsel for the appellant Union of India
failed to pay the P.F.
The application is supported by an affidavit of learned counsel
for the petitioner.
Since no one had appeared on behalf of the respondent in the
first appeal before its dismissal, respondent is not required to be heard upon this application for condonation of delay. In aforesaid circumstances, taking the averments made in the application to be bona fide and constituting sufficient cause for delay in filing this application for restoration, I.A. No.6369/2016 is allowed and the delay stands condoned. Heard on this application for restoration. The same ground has been taken for failure of learned counsel for the appellant to comply with common conditional order.
In aforesaid circumstances, the application for restoration is allowed.
F.A.No.958/2006 stands restored to its original number. Let it be listed before appropriate Bench in due course. This miscellaneous civil case no.1283/2016 stands disposed of accordingly.
(C V SIRPURKAR) JUDGE