MCC No.813 of 2010
23.6.2010
Shri B.K.Bais, Advocate for the applicant.
This application is filed for restoration of Review Petition
No.59/2010 which was dismissed in default on 12.3.2010.
It is submitted by the applicant that due to mistake the case
was overlooked by the counsel so he could not appear resulting
into the dismissal of review petition.
The application is supported by affidavit of Shri B.K.Bais,
an advocate of this case.
Considering the peculiar facts of the case, in the interest of
justice we find it appropriate to allow this application on the
following conditions :
i. Applicant to deposit Rs.250/- (Rupees two hundred fifty)
before the High Court Legal Services Authority for the aid of
poor persons within a period of one week from today and to
file receipt in the office.
ii. On furnishing such receipt by the applicant, the office shall
restore Review Petition No.59/2010 to its number and list
it before the appropriate Bench for consideration.
iii. In case of non-deposit of the amount within the aforesaid
period, this order shall be ceased to effect and this MCC
No.813/2010 shall be treated as dismissed without further
reference to the Bench.
(Krishn Kumar Lahoti) (J.K.Maheshwari)
JUDGE JUDGE
DV