M.C.C.No.1478/2011
14.10.2011
Shri A.J.Pawar, counsel for petitioner.
This application is filed for restoration of F.A.No.501/2011,
which was dismissed because of non-compliance of peremptory
order dated 15.9.2011.
It is submitted by Shri Pawar that the default was in respect
of non-payment of deficit Court Fee. By mistake such Court fee
was paid in another appeal of similar name, namely
F.A.No.467/2011, so the order could not be complied with and the
appeal was dismissed because of peremptory order. So it is
submitted that the default may be condoned and F.A.No.501/2011
may be restored.
The application is supported by an affidavit of Shri Amit
Khatri, an Advocate of this Court and we do not find any reason to
disbelieve the same.
Accordingly, this M.C.C., is allowed. Office is directed to
restore F.A.No.501/2011 and to place it before the appropriate
Bench for consideration.
No order as to costs.
(Krishn Kumar Lahoti) (Smt.Vimla Jain)
JUDGE JUDGE
M
