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Judgment
I.A. No.1004/2023 have been filed for condonation of delay in refiling of Restoration Petition. Delay of 38 days has occurred in refiling the restoration petition. The reasons for delay has been explained in IA. We are satisfied with the reasons explained in the IA. Accordingly delay in refiling the restoration petition is condoned.
Heard Mr. T.N. Durga Prasad, learned counsel for the applicant on restoration petition. The present restoration application No.04/2023 has been filed with a prayer to restore the Competition Appeal (AT) No.47/2022which stood dismissed on 01.11.2022 due to non-prosecution. In the Restoration Application at para 18 the applicant has stated as under:-
“18. It is submitted that even when there is such an absence, the absence of representation from a side on a single day does not, in practice, result in summary disposal and dismissed of the entire case, in the High Courts, as the case is again posted to another day under the category of cases for dismissal, when the party concerned is permitted to explain the absence and the case filed by appellant is continued to be heard without being dismissed.”
However, in the restoration application nowhere it has been stated the reasons for non-appearance when the appeal was dismissed due to non-prosecution. It is true that the Court is taking lenient view in the matter of restoration application but as a matter of right it cannot claim to restore the appeal. In the restoration application no reasons have been explained for non- appearance rather averment has been made that the Court is duty bound in allowing the restoration application.
We donot find any reasons to allow the restoration application. The restoration application is accordingly dismissed.