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Judgment
Ashok Menon, Chairperson
This is an application filed for restoration of Misc. Appeal No. 142/2011 which was dismissed for default of non-appearance of the Appellants on 15.04.2019 by this Tribunal.
The Ld. Counsel appearing for the Respondent vehemently opposed the application for restoration stating that there is absolutely no bonafide in restoring the Appeal and that being an Appeal in the year 2011 it should not be restored. However, no written reply has been filed.
After going through the application and accompanying affidavit and also attending to the circumstances, I find that the Appellants have made out a good case for the restoration of Appeal. The reasons mentioned in the Appeal for non-appearance on 15.04.2019 has been very explained.
Under the circumstances, I am of the opinion that the Appeal should be restored to the file of this Tribunal. Accordingly, the application is allowed and the appeal is restored to the filed on the condition that the Appellants pay a sum of ₹5,000/- to the D.R.T. Bar Association, Mumbai for the purchase of books and periodicals, within a week.
Post on 18.10.2022 before Registrar for compliance.