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Allahabad High Court
M/S. National Small Industries … vs Joseph Manjaly S/O Sri Anthony Mc. on 29 January, 2010
Court No. - 45
Civil Misc. Restoration Application No. 319358 of 2009.

In
Case :- SECOND APPEAL No. - 1375 of 2000

Petitioner :- M/S. National Small Industries Corporation Ltd.
Respondent :- Joseph Manjaly S/O Sri Anthony Mc.
Petitioner Counsel :- C.S. Singh

Hon'ble Vijay Kumar Verma,J.

List has been revised. Appellant counsel is present, but nobody is present for
the respondent.

Heard learned counsel for the appellant on the restoration application No.
319358 of 2008, dated 27.11.2009 along with Civil Misc. Delay Condonation
Application No. 319362 of 2009 under section 5 Limitation Act, which has
been filed to recall the order dated 05.10.2009, passed by this Court in Second
Appeal No. 1375 of 2000, whereby the appeal was dismissed in default of the
appellant.

It is submitted by learned counsel for the appellant that date could not be
marked and hence the counsel of the appellant could not appear in the Court
concerned on the date fixed in the appeal.

For the reasons shown in the accompanying affidavit, the restoration
application as well as the application under section 5 of Limitation Act to
condone the delay in filing restoration application are allowed. Order dated
05.10.2009 is hereby recalled and Second Appeal No. 1375 of 2000 is
restored to its original number.

List in the next cause list before appropriate Bench.

Order Date :- 29.1.2010
v.k.updh.


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