IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.4288 of 2011 The Secretary B.S.E.B.Patna Versus Umesh Kr. Mehta ---------------------------------- 02 28.09.2011 This petition has been filed for restoration of M.J.C. No. 3479 of 2010, which was dismissed for default due to non compliance of preemptory order dated 23.02.2011, by which the petitioner was directed to remove the defects as pointed out vide office note dated 04.09.2010 in course of the day. Learned counsel for the petitioner submits that all the defects pointed out vide office note dated 04.09.2010 were removed in time as per the said order of this Court except filing of interlocutory application for condoning the delay, as the counsel was under the impression that such an interlocutory application has already been filed. From the averments of the learned counsel for the petitioner and the statement made in this petition, it appears that genuine grounds have been shown which prevented the petitioner from complying the said order of this Court in time. Accordingly, this petition is allowed and M.J.C. No. 3479 of 2010 is restored to its original file. However, this order will be subject to filing of an interlocutory application for condoning the delay by tomorrow. Safik (S.N.Hussain, J.)