HIGH COURT OF CHHATTISGARH AT BILASPUR Coram:- Hon'ble Shri Dhirendra Mishra & Hon'ble Shri R.N. Chandrakar. JJ Applicant (Appellant) Respondent M.C.C. No.167/201® Union of India, through Commissioner, Central Excise and Custom, Tikrapara, Dhamtari Road, Raipur (CG) Versus M/s. Associated Cement Company Limited, Jamul Cement Works, Distt. Durg ApDlication for restoration of the Tax Case No.35/2007 dismissed for want of prosecution on19.01.2010. 30/03/2010 Shri Bhishma Kinger, counsel for the applicant. Heard. The applicant has preferred this apptication Tor restoration of Tax Case No.35/2007 as the same was dismissed by this Court on 19.01.2010 for want of prosecution. The applicant has also filed an application for cx)ndonsrtion of delay as the instant application Tor restoration has been filed with a delay of 13 days. Heard on I.A. No.01/2010 for condonation of delay. On due consideration of the reasons mentioned in the application, I.A. No.01/2010 as well as the application (M.C.C. No.167/2010) for restoration of Tax Case No.35/2007, we are satisfied that the applicant is able to establish suffteient ground for preferring this application with delay of 13 days as well as for non-appearance of the applicant on the date when the matter was dismissed for want of prosecution. "-%> z \v Consequently, I.A. No.01/2010 and M.C.C. No.167/2010 are allowed. Delay in preferring this M.C.C is allowed. Tax Case No.35/2007 is directed to be restored to its origind number subject to applicant's depositing Rs.200/- to the H^h Court Lega! Aid Committee, Bilaspur withln a period oftwoweeks from today and thereafterTa^x Case No.35/2007 be listed for heanng._ Sd/- Dhirendra Mishra Judge Priya Sd/- R.N. Chaniirakar Judge