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M.C.C.No.1374 of 2009
08.12.2010.
Shri Vijay Kumar Pandey, Counsel for the applicants.
None for respondents No. 1 to 3.
Shri Gulab Sohane, Counsel for respondent No.4.
This is an application for restoration of M.A.4850 of 2007.
This M.A. was dismissed because of non-compliance of peremptory
order dated 23.11.2007. By the said order this Court directed
the respondents to make payment of P.F. within 7 days by RAD
post failing which appeal shall stand dismissed automatically
without further reference to this Court.
It is submitted by Shri P. Parekh, counsel for the applicants
that because of bonafide mistake on his part, P.F. could not be
paid, resulting dismissal of this appeal. It is further submitted that
P.F. was paid on 22.9.2009 but after the dismissal of the appeal.
This application is barred by limitation and the applicants
have filed an application I.A.10661/2010 under Sec.5 of Limitation
Act for seeking condonation of delay. This application is support
by an affidavit of Shri P. Parekh, an Advocate of this Court, we do
not find any reason to disbelieve the same, accordingly
I.A.10661/2010 is allowed. Delay in filing this application is
condoned.
For the aforesaid reasons, we allow M.C.C.1374/2009 and
restore M.A.4850/07 to its number and direct the office to issue
notices to the respondents.
Notice on behalf of respondent No.4 is accepted by Shri
Gulab Sohane.
There is an application I.A. 13741/2010 for change of the
counsel by the applicants.
For the reasons stated in the application and to the fact that
Shri P. Parekh has not opposed the aforesaid application, prayer
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M.C.C.No.1374 of 2009
08.12.2010.
for change of earlier counsel is allowed. The subsequent counsel
shall file his Vakalatnama in M.A.4850/07 within a week from
today.
With the aforesaid directions this M.C.C. is finally disposed
of with no order as to costs.
(Krishn Kumar Lahoti) (Smt. Sushma Shrivastava)
JUDGE JUDGE
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