(Per : HONOURABLE MR.JUSTICE C.L. SONI)
1. By way of this application, the applicant seeks restoration of First Appeal No.2610 of 2010.
2. As can be seen from the record, the appeal was admitted on condition that the appellant shall deposit Rs.25,000/- within two weeks from the date of the passing of the said order. The order of admission was passed on 19.11.2010. However, the said amount was not deposited within the stipulated time and subsequently when the appeal was placed for hearing, nobody, on behalf of the appellant, remained present. Therefore, the Court passed the order dated 10.12.2010 and dismissed the appeal for non-prosecution as also for non-compliance with the order dated 19.11.2010, whereby the applicant was required to deposit Rs.25,000/-.
3. Today, when this application is taken up for hearing, learned Counsel for the applicant states that the applicant shall deposit Rs.25,000/- within two weeks, from today.
4. Considering the averments made in this application, we are satisfied that the applicant has made out sufficient cause for restoration of First Appeal No.2610 of 2010. We, therefore, ALLOW this application and order restoration of First Appeal No.2610 of 2010 to file, on condition that the applicant will deposit Rs.25,000/- with the trial Court, within TWO WEEKS from today. On such amount being deposited by the applicant, the same shall be DISBURSED, as per the directions contained in the order of this Court dated 19.11.2010. This application is DISPOSED OF, accordingly.
(AKIL KURESHI, J.) (C.L.
SONI,J.) Umesh/ Top