M.C.C.No.592/2010
Anil Soni Smt.Rukmani Soni
4.5.2010
Shri Alok Bagrecha, counsel for petitioner.
This application is filed for restoration of F.A.No.201/2010,
which was dismissed because of non-compliance of peremptory order
dated 6.4.2010. By the aforesaid order, petitioner was directed to
make payment of process fee by both counts within 3 days, failing
which the appeal itself was directed to be dismissed.
Learned counsel for petitioner submitted that he could not
understand the order properly and paid the process fee within a
period of one week from the date of the order, but because of the
peremptory order the appeal itself was dismissed. It is submitted
that the mistake was bonafide, which may be condoned and the
appeal may be restored.
From the perusal of record, we find that the petitioner had
already paid process fee on 13.4.2010 and it appears that there was
bonafide mistake on the part of petitioner. Considering aforesaid and
the affidavit filed alongwith the application, we find that the petitioner
has made out a case for restoration of F.A.No.201/2010 and
accordingly, we direct so. Office to restore F.A.No.201/2010 to its
number and to issue notice as directed by order dated 6.4.2010.
This M.C.C., stands finally disposed of, with no order as to
costs.
(Krishn Kumar Lahoti) (G.S.Solanki)
JUDGE JUDGE
M.