1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4399 OF 2009 M/s.Virat Ispat Ltd., and another. ..Petitioners. Versus Board for Industrial & Financial Reconstructions and 7 others. ..Respondents. ... Mr.Tej Prakash Dixit, Advocate for the petitioners. Mr.Bilal, Advocate for respondent No.2. ... CORAM : BILAL NAZKI AND SMT. V.K.TAHILRAMANI,JJ. DATE : 10th JUNE, 2009. P.C. :- 1. The petitioner filed an application being M.A. No.368 of 2008 in Appeal No.153 of 2005 before the Appellate Authority for Industrial & Financial Reconstruction, New Delhi. The application was filed for restoration of appeal which had been dismissed in default. The application had been filed after 398 days from the date of dismissal of the appeal for non- prosecution. We are in doubt as to whether the Tribunal had any power to restore the appeal dismissed in default, but, in any case the Tribunal has relied upon the judgment of the Delhi High Court and came to the conclusion that the power to restore the appeal was available with it under Order 41 Rule 17 of Civil Procedure Code and accordingly Article 122 of the Limitation Act would apply. The reasons which were given for filing the application after 398 days were not found sufficient by the Tribunal, for the reasons given by the Tribunal in its order. 2. We do not find any ground whatsoever to interfere in the discretion exercised by the Tribunal while dismissing the application. Writ Petition is misconceived and is dismissed as such. [BILAL NAZKI,J.] [SMT.V.K.TAHILRAMANI,J.]