1 MCC-2219-2018 The High Court Of Madhya Pradesh MCC-2219-2018 (M/S ABHAY EARTH MOVERS THR. Vs SYNDICATE BANK THR.) Gwalior, Dated : 09-01-2019 Shri [ENTITY], learned counsel for the petitioners. None for the respondents though served.
Heard on [CASE NUMBER], which is an application under [SECTION] of the [ACT] for condonation of delay in filing the present restoration application.
As per the office report, there is a delay of 235 days in filing the present restoration application. It is further submitted by the counsel for the petitioners that on 27.08.2018 the present petition was filed on the same day. Hence, due to the aforesaid reasons process fee could not be paid within 30 days and the writ petition was dismissed for non-compliance of the order dated 25.09.2017. In default of order dated 25.09.2017, the mistake is bonafide and delay caused due to aforesaid reasons is liable to be condoned.
In support of the submission, learned counsel for the petitioners has placed reliance in the cases of [PRECEDENT] & [PRECEDENT].
Considering the reasons which find mention in the application and keeping in view the judgments cited above, sufficient cause is made out for condonation of delay in filing the restoration application. Hence, [CASE NUMBER] is allowed and delay in filing the application is hereby condoned.
Heard on the application for restoration of [CASE NUMBER] which was dismissed in default of vide order dated 4.12.2017 passed by the Principal Registrar of this Court in compliance of the common conditional order dated 25.09.2018.
Learned counsel for the applicants submitted that [CASE NUMBER] was filed. The aforesaid writ petition was filed on 13.07.2017 2 MCC-2219-2018 and came up for hearing on 18.07.2017 before this Court and this Court has passed the order that auction can be continued but subject to the result of petition and it was ordered to pay the process fees within three days by ordinary mode as well as RAD post. Petitioners have handed over the entire documents as well as the copy of the paper publication published by the respondents and at the time of filing the petition, petitioner No.1 was present and thereafter petitioner went to Vidisha. Petitioners was not aware, whether the process fee has been filed or not by the counsel. Due to non-payment of process fee, aforesaid writ petition was listed on 08.08.2017 for giving the opportunity to petitioners to pay the process fees within one week and thereafter when the order dated 08.08.2017 was not complied with and process fee was not paid. The petition listed again on 25.09.2017 and on that date this Court has passed the common conditional order. Petitioners were not informed about the payment of process fee, hence they did not come to Gwalior and even his counsel has not informed about the payment of process fee and ultimately the writ petition was dismissed in non-compliance of the order passed by this Court. Due to this mistake process fee could not be paid within three working days and the petition dismissed. Hence, learned counsel for the petitioners prayed for restoration of [CASE NUMBER].
In my opinion, sufficient cause has been made out by learned counsel for the petitioners for restoration of [CASE NUMBER].
Consequently, this MCC is allowed and [CASE NUMBER] is restored subject to payment of cost of Rs.2,000/- (Rupees Two Thousand Only) to be deposited with Madhya Pradesh Legal Services Authority, Gwalior within fifteen days from today.
Let a copy of this order be placed in the record of [CASE NUMBER].
MCC stands disposed of accordingly.
([ENTITY]) JUDGE 3 MCC-2219-2018 AK/-
[ENTITY] 2019.01.10 13:33:18 +05'30'