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Judgment
12 paragraphs · 245 wordsDwarka Dhish Bansal, J
Heard on I.A.No.19688/2023, which is an application under Section 5 of the Limitation Act for condonation of delay.
Registry has pointed out that this M.C.C is barred by 515 days.
For the reasons mentioned in the application, which is supported by the affidavit of applicant 1, there is sufficient cause for condoning the delay in filing of the M.C.C. As such, delay in filing the M.C.C. is hereby condoned and I.A.No.19688/2023 is allowed/closed.
Also heard on the question of admission.
The present application has been filed for restoration of M.A. No.1793/2020, which was dismissed on 21.01.2022 due to non compliance of Court order dated 24.11.2021.
Considering the averments made in the application, this Court finds that sufficient cause is shown for restoration of the Misc. Appeal.
Accordingly, MCC is allowed.
M.A. No.1793/2020 is restored to its original number subject to payment of cost of Rs.2,000/- (Two thousand only) payable to the High Court Bar Association, Jabalpur as well as subject to removal of default(s), if any, within a period of seven working days, failing which the order of dismissal of Misc.
Appeal shall remain intact. However, it is made clear that the applicants/appellants shall not be entitled for any interest for the period taken in restoration of the misc. appeal.
A copy of this order be kept in the file of M.A. No.1793/2020.
Pending application(s), if any, shall stand disposed off.