Appeal was dismissed for non prosecution on 13rd January, 2014. Application for restoration has been filed on 3rd July, 2014 along with delay condonation application and affidavit. Cause shown for delay is sufficient.
Delay is condoned. Delay condonation application is allowed. Order Date :- 5.8.2014 MT** Court No. - 4 Civil Misc. Recall/Restoration Application No. 209175 of 2014 Case :- COMPANY APPEAL No. - 1 of 2008 Appellant :- M/S Sagar Suri Estate & Finance Ltd.
Respondent :- Premier Vinyl Flooring Ltd. Thru' Official Liquidator Counsel for Appellant :- Hari Lal Pandey,Murlidhar Counsel for Respondent :- Rajnath N. Shukla,O.L. O.P. Sharma,O.L.B.K.L. Srivastava,Shubham.Agarwal Hon'ble Surya Prakash Kesarwani,J.
Heard Sri Hari Lal Pandey, learned counsel for the appellant. The appeal was dismissed for non prosecution on 13rd January, 2014. In paragraph No. 4 of the affidavit it is stated that there was no wilful fault on the part of the applicant or the counsel as the case was dismissed in default since it could not be marked on the cause list. Cause shown for non appearance is sufficient.
Restoration application is allowed. Order dated 13.1.2014 is recalled. Appeal is restored to its original number. List in the next cause.
Order Date :- 5.8.2014 MT**