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Judgment
Mool Chand Tyagi, J
ORDER IN CA NO. 2/2020:-
The instant application has been preferred for condonation of delay of 45 days in preferring the Miscellaneous Civil Application for restoration of the appeal.
Heard learned counsel for the applicant.
Learned counsel for the applicant submitted that the delay of 45 days has occasioned in preferring the application owing to the administrative reason. He further submitted that the delay is neither intentional nor malafide but has occasioned owing to the reasons stated in paragraph no.2(i) of the application.
Having considered the submissions of the learned counsel for the applicant and having regard to the ground for delay pressed into service, the present application deserves to be allowed and accordingly, the delay of 45 days is condoned in preferring the application for restoration of appeal. No order as to costs.
ORDER IN MCA NO.1/2020:-
The present petition has been preferred for restoration of First Appeal No.23138/2019.
Learned counsel for the petitioner submitted that due to administrative reasons, the Court fee in respect of the aforementioned MACP could not be processed in time. Therefore, the appeal came to be dismissed for non removal of office objections. He further submitted that the Court fee could not be paid in time owing to administrative reason and there is no malafide on the part of the petitioner. He further submitted that the applicant tenders the unconditional apology for the same. He further submitted that if the petition is allowed, all the office objections will be removed within 3 weeks from today.
Having considered the submissions of the learned counsel for the applicant and having regard to the facts and circumstances of the present case, the present petition deserves to be allowed and accordingly, the appeal is restored to its original status. The petitioner is directed to remove all the office objections within 3 weeks from today. No order as to costs.