Sunil Kumar Mandal vs The Union Of India & Ors.

PER : NARENDRA KUMAR JOHARI, MEMBER (J) :

Two MAs i.e. MA No. 374/2026 has been filed for restoration of OA No. 215/2023 which was dismissed on default on 22.12.2025 and another MA No. 375/2026 has been filed for condonation of delay in filing the MA for restoration.

MA no. 375/2026 has been filed by the applicant with a prayer to condone the delay in filing of restoration application. In support of his contention he has submitted the judgement of Hon'ble High Court of Orissa passed in the case of Basantilata Das Vs Union of India and others decided on 13th July 2007 and the Judgement of Hon'ble Apex Court passed in the case of Inder Singh Vs The state of Madhya Pradesh decided on 21 March 2025.

In MA No. 374/2026 the applicant has stated that due to some unwarranted and unavoidable personal reasons counsel for applicant could not appear in the case and the OA was dismissed for default vide order dated 22.12.2025. The dismissal order was passed due to absence of counsel for applicant and there was no willful or intentional mistake on the part of applicant hence in the interest of justice the dismissal order dated 22.12.2025 is liable to be set aside and the O.A No. 215/2023 is liable to be restored in its original number.

In OA 215/2023 the applicant has submitted that due to a illness of his mother the applicant could not consult the counsel for filing of restoration application within time and inadvertently the mistake of delay of 122 days has occurred. He referred judgement of Hon'ble High Court of Orissa passed in the case of Basantilata Das Vs Union of India and others decided on 13th July 2007 and the Judgement of Hon'ble Apex Court passed in the case of Inder Singh Vs The state of Madhya Pradesh decided on 21 March 202Considered the case of case of applicant. The delay in filing of restoration application is liable to be condoned.

We have heard the counsel for both the sides and perused the record. The OA 215/2023 was dismissed in default on 22.12.2025 as well as considering the previous conduct of the applicant on 22.12.2025.

It has been stated that in passing the order of dismissal there was not any intentional latches on the part of the applicant, the case of applicant has its merit. Hon'ble Orissa High Court Judement in the case of Basantilata Dash Vs Union of India and ors there is a settle legal position that if the restoration application is filed under Rule 15 (2) of CAT Procedure (Rule) 1987, beyond the period of 30 days under the provision of Limitatation Act 1963 will be applicable.

Taking note of the submission of both the parties and after perusal of record and the law laid down by Hon'ble High Court of Orissa and Hon'ble Apex court, in the interest of justice the delay caused in filing the restoration application is hereby condoned.

Further by taking a liberal view and in the interest of justice the restoration application filed by the applicant is hereby allowed. the Dismissal order dated 22.12.2025 passed in OA No. 215/2023 is set aside.

Let the OA be placed in its original number.

Accordingly, the MA No. 374/2026 and MA No. 375/2026 are disposed of.

List the OA on 09.11.2026.