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Judgment
The present Appeal bearing no.04/2025 was ordered to be dismissed in default vide order dated 13.01.2025 due to non-appearance on behalf of the appellant. Sh.R.P. Aggarwal, Advocate for the appellant stated that the present appeal was listed for the first time on 13.01.2025 but the appellant made enquiry about the listing of the appeal on 14.01.2025 and came to know that appeal was dismissed on 13.01.2025 due to non- appearance anybody on behalf of the appellant. It is stated that non-appearance on behalf of the appellant was neither deliberate nor intentional and prayed that the Appeal bearing no.04/2025 may be restored to its original number.
The counsel for the respondents 2 and 3 opposed present Misc. Application no.14/2025 for restoration on the ground that the appeal was called repeatedly on 13.01.2025 repeatedly and in the post-lunch session some advocate was also appeared on behalf the appellant.
After considering all facts and particularly as stated in the application, the Appeal bearing no.04/2025 is restored to its original number and the application is accordingly allowed.
List on 12.10.2026 for arguments on application for condonation of delay (I.A. No.02/2025) and the appeal.