IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2040 of 1994 COUNCIL OF THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA, NEW DELHI, 11002 Versus N.K.MAITIN ----------- For the petitioners: Mr. Gautam Bose, Sr. Advocate Mr. M. M. Chaturvedi, Advocate Ms. Ratna Das, Advocate For the respondent: None --------- 8 14-09-2010 Heard learned counsel for the petitioner. Nobody appears on behalf of other side although the names of counsels appear in the daily cause list. For the reasons mentioned in this MJC application, the default in not complying with the order of the Court dated 10-5-1991 in Civil Reference Case no. 1/90 is condoned because it appears that stamps and other requisites were filed but the stamps were not sufficient. The explanation is that the clerk did not bring the aforesaid matter and dismissal of the case to the notice of the advocate concerned due to fear as the mistake was committed by him. In the aforesaid facts, the prayer for restoration of Civil Reference case no. 1/90 is allowed on the condition that defects on account of shortage of stamp etc. must be removed within one week from today failing 2 which this order shall stand recalled without further reference to a Bench. Instead of sending notice to the Union of India/ Central Government, the counsel for the petitioner will be at liberty to serve a copy of the reference case and relevant papers on learned Standing counsel for the Union of India within one week. BKS/- (Shiva Kirti Singh, J.) (Hemant Kumar Srivastava, J.)