A supplementary affidavit has been filed by the applicant today. Let the same be taken on record.
This is an application for recall of the order dated 20.1.2009 whereby this appeal was dismissed for non prosecution. It is supported with an affidavit. In view of the averments made in the affidavit and in the supplementary affidavit the reasons shown for non appearance of learned counsel for the appellant on 20.1.2009 when the appeal was dismissed for non prosecution is sufficient. This application has been made within time.
In view of the aforesaid circumstances the application is allowed. The order dated 20.1.2009 dismissing the appeal is recalled. The appeal is restored to its original number.
It is made clear that this petition may not be treated as tied up or part heard to this bench any further.
Order Date :- 11.1.2010 Pravin Hon'ble Sanjay Misra,J.
Restored.
For orders see order of the date passed on restoration application no. 21067 of 2009.
Order Date :- 11.1.2010 Pravin