Ref: Civil Misc. Restoration Application along with Civil Misc. Delay Condonation Application This is an application seeking condonation of delay in filing restoration application.
Delay though is vehemently objected to by Sri Vivek Saran, learned counsel for the respondents is ordered to be condoned as the appeal is of the year 1999.
Cause shown in affidavit filed in support of restoration application is sufficient.
The order dated 9.4.2015 is recalled. The appeal is restored to its original number.
Both the applications are accordingly disposed of.
Order Date :- 30.7.2021 Ram Murti
After the appeal being restored to its original number, the same is taken up for final disposal and is being disposed in terms of Judgment of Single Bench passed in First Appeal No. 373 of 2018, which has attained finality. However, we make it clear that period of three years for which restoration was not filed, the interest rate shall be 4%.
Substitution as prayed for, which has not been objected to by the learned counsel for the other side, be carried out during the course of day.
Order Date :- 30.7.2021 Ram Murti