IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3304 of 2007 1. RATNESH KUMAR SINHA 2. Ramesh Kumar Sinha, both sons of Nand Kishore Prasad, Resident of Mohalla Bari Kothi, Lallu Babu Kucha, P.O. Begampur, P.S. Chowk, District Patna ….Petitioners Versus 1. THE STATE OF BIHAR 2. The Secretary-cum- Commissioner Excise Department, Govt. of Bihar, Patna 3. The Assistant Commissioner of Excise, Bhojpur-cum Baxar ara 4. The Superintendent of Excise, Bhojpur, Ara 5. The District Provident Fund Officer, Bhojpur, Ara 6. The Accountant General, Bihar, Patna 7. Smt. Girija Devi, so called widow of Late Nand Kishore Prasad, resident of Mohalla- Dundi Bazar, P.O. Begampur, P.S. Chowk, District Patna …. Respondents. ----------- 03/ 12.1.2009 This M.J.C. application is for restoration of M.J.C. No. 3008 of 2006, which was also a restoration application, which stood dismissed on 21.11.2007 because on repeated calls, nobody appeared to argue that application. From the order dated 21.11.2007, passed in M.J.C. No. 3008 of 2006, we find that on the previous date fixed therein i.e. 14.11.2007 also nobody had appeared for the petitioners. Learned counsel for the petitioners submits that he had gone out to his native home for Chhath Festival and he could not return in time. In the facts and circumstances of this case, we allow this restoration application and restore M.J.C. No. 3008 of 2006 to its original file, but with a condition precedent that the petitioners will deposit a sum of Rs. 500/- in the office of Patna High Court Legal Services Committee 2 and produce the receipt in the office of this Court within a period of one week. This M.J.C. application is allowed in the manner as above. Arjun/ (C.M. Prasad, J.) (V.N. Sinha, J.)