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Morgan Tectronics Ltd vs Union Of India on 9 October, 2023

                                    $~48
                                    *    IN THE HIGH COURT OF DELHI AT NEW DELHI
                                    +    W.P.(C) 8575/2019
                                         MORGAN TECTRONICS LTD                      ..... Petitioner
                                                         Through: Mr. Bakul Jain, Adv.

                                                                                      versus

                                                UNION OF INDIA                                                                 ..... Respondent
                                                              Through:                                         Ms. Shiva Lakshmi, CGSC with Mr.
                                                                                                               Govind Sharma, Adv.
                                                CORAM:
                                                HON'BLE MS. JUSTICE TARA VITASTA GANJU
                                                                ORDER

% 09.10.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM Appl.52048/2023[Application for exemption]

1. Allowed, subject to just exceptions.

CM Appl.52047/2023[Application for restoration]

2. This is an Application filed on behalf of the Petitioner seeking restoration of the present Petition which was dismissed in default on 06.02.2023 due to non-appearance of the Petitioner.

3. Learned Counsel who appears on behalf of the Petitioner submits that the Petitioner was suffering from a fracture in his neck and was unable to attend the proceedings.

3.1 Learned Counsel for the Petitioner further submits that the only date that was missed in appearance by the Petitioner was the last date of hearing i.e, 06.02.2023.

4. Issue Notice.

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/10/2023 at 22:53:47

5. Learned Counsel who appears on behalf of the Respondent accepts Notice and fairly submits that she no objection if the prayers made in the Application are allowed, however, it is contended that the Application has been filed belatedly.

5.1. In view of the foregoing circumstances, let the Petition be restored to its original position subject to the payment of costs of Rs.10,000/- to be paid by the Petitioner, payable directly to "Delhi High Court Legal Services Committee".

6. Accordingly, the Application is closed. W.P.(C) 8575/2019

7. List the matter on 15.03.2024.

8. In the meantime, let a complete set of the paper book be supplied to learned Counsel for the Respondent.

TARA VITASTA GANJU, J OCTOBER 9, 2023/r Click here to check corrigendum, if any W.P.(C) 8575/2019 Page 2 of 2 This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 10/10/2023 at 22:53:47