Dr. Ahsamuddin vs Heera Lal

Karuna Nand Bajpayee, Presiding Member

M.A. No. 02 of 2024 (for Restoration)

The instant miscellaneous application being M.A.No.02 of 2024 has been filed seeking recall of the Order dated 20.09.2023 whereby the petition was dismissed in non-prosecution.

Along with it, an interlocutory application being I.A. No. 31 of 2024 was filed on 02.01.2024 seeking condonation of delay in filing the restoration application, beyond the limitation period of 30 days prescribed for such applications. However, in the interest of justice, the delay is condoned.

Heard the learned proxy counsel for the applicant / petitioner and perused the entire material on record including inter alia the Order dated 20.09.2023 and the application seeking restoration of the revision petition.

Learned counsel for the applicant / petitioner has tried to explain the circumstances which led to the dismissal of the petition vide Order dated 20.09.2023 passed by this Commission.

The grounds taken in the application for restoration of the revision petition are sufficient. Accordingly, the Order dated 20.09.2023 passed by this Commission stands recalled and the revision petition stands restored to its original number.

List on 20.03.2024.

Learned counsel appearing for the petitioner is directed to file the complete respondent’s set within three weeks from today.

Thereafter, the Registry is directed to issue notice on the memo of petition to the respondent.

The notice to also be ‘dasti’ in addition.

The petitioner is directed to ensure that ‘dasti’ service of the notice is duly effected on the respondent by the next date of hearing without fail.

The Registry is requested to send a copy each of this Order to the parties in the Petition and to the learned counsel for the petitioner as well as to the fora below within three days. The stenographer is requested to upload this Order on the website of this Commission within three days.