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Madhya Pradesh High Court

M/S Parle Biscuit Pvt.Ltd. vs Union Of India on 18 July, 2014

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                    MCC No.442/2014
18.7.2014

Shri Atul Shreedharan, learned counsel for the applicants.

Heard on I.A. No.6500/2014.

On due consideration, I.A. No.6500/2014 is allowed. He is also heard on the MCC.

This MCC has been filed for restoration of W.P. No.3291/2014 which has been dismissed in default of non compliance of the peremptory order dated 29.4.2014.

Learned counsel appearing for the applicants submits that the peremptory order dated 29.4.2014 was complied with on the very next day and on 30.4.2014 the applicant had paid the process fee, but the office has wrongly dismissed the writ petition on account of non compliance of the peremptory order. He has further submitted that as soon as the applicants came to know about dismissal of the writ petition, they have filed the present restoration application.

The explanation which has been furnished by counsel for the applicants appears to be just and proper. The application for restoration is duly supported by the affidavit of the counsel and there is no reason to disbelieve the same. Accordingly the MCC is allowed and W.P. 2 No.3291/2014 is restored to its original position.

Office is directed to take further steps in the writ petition.

C.C. as per rules.

(Prakash Shrivastava) Judge trilok