1 MCC No.217/2011 13.12.2011 Shri Lokesh Mehta, Advocate for the applicants. Shri H.C. Jindal, Advocate for the respondent No.3/Bajaj Allianz General Insurance Co. Ltd. Heard. This is an application for restoration of Miscellaneous Appeal No.840/09, which was dismissed in default by order dated 16.6.2009. On 16.6.2009 the case was listed to cure the defect. No one was present when the case was called for hearing. This Court granted four weeks' time to the applicant to remove the default and do the needful, failing which the appeal will be dismissed without reference to the Court. Since default was not cured within time, therefore, the appeal was dismissed. Learned counsel for the applicants submitted that since no one was present when the matter was called, therefore, the default could not be cured within 4 weeks. It is submitted that no sooner the applicants came to know about dismissal of the Miscellaneous Appeal they filed this application along with application for condonation of delay vide I.A. No.2626/11. It is submitted that looking to the nature of dispute and also to the fact that th appeal is for enhancement of compensation the application for restoration be allowed. On the other hand, learned counsel for the respondent/Insurance Co. has submitted that in case this Court wants to restore the appeal to its original number no interest be allowed to the claimants from 16.6.2009 till date of restoration i.e., 13.12.2011. For the reasons assigned in the application the cause shown by the applicants is sufficient to condone the delay. Accordingly, the application is allowed and delay is condoned. On due consideration of the facts & circumstances mentioned in the application for restoration, the cause shown by the applicants for noncompliance of the order dated 16.6.09 appears to be genuine. Accordingly, the application for restoration is allowed. M.A. No.840/09 2 is restored to its original number subject to condition that the applicants shall cure the defect within 4 weeks from today and no interest shall be awarded to the non-applicant No.3 for the period 16.6.2009 to 13.12.2011. With the aforesaid, this MCC is allowed and disposed of. (P.K. Jaiswal, J.) rcs*