(1) In the High Court of Judicature for Rajasthan Jaipur Bench, Jaipur O R D E R S.B. Misc. Company Restoration Application No.923/09 In S.B. Company Misc. Application No.24499/09 In S.B. Company Application Application No.53/06 In S.B. Company Petition No.19/06 IFCI Ltd. Vs. Modern Denim Ltd. & Ors. Date Of Order :: 13/05/2010 Hon'ble Mr. Justice Ajay Rastogi Mr. K.J. Mehta, for applicant. Mr. Sunil Nath ] Mr. Dheeraj Verma on behalf of ] for respondents. Mr. R.K. Salecha Instant restoration application has been filed for recalling and restoration of Msc. Application (Inward No.24499/dt.04/09/09) which was dismissed in default by this Court on 18.9.09. It has been brought to the notice of this Court that misc. application (Inward No.12296/ dt.21/04/2009 was dismissed as withdrawn with liberty to file fresh if desired vide order dt.22.5.09 passed in Co. Appl.No.53/06. Since the application referred to supra was already decided vide order dt.22.5.09, this fact was not brought to the notice of this Court while the order dt.18.9.09 was passed dismissing the application for non-prosecution. In these circumstances, the present application for (2) restoration in the light of order dt.22.5.09 does not survive. At the same time, another Misc. application (Inward No.27252 dt.1.10.09) has been filed in Co.Appl.No.53/2006 praying therein that Application (No.24499/09) be tagged only with Co.Pet.No.19/2006 but as observed supra, since application (Inward No.24499/09) has already been dismissed vide order dt.22.5.09 passed in company application no.53/06, this application also does not survive, however applicant is always at liberty to file fresh application in the light of the order dt.22.5.09. In the light of what has been observed by this Court supra, the present application No.923/09 stands dismissed. However, since there is no order on record finally deciding Co.Appl.No.53/2006, hence Co.Appl.53/2006 be listed for further orders. A copy of this order be placed in Co.Appl.53/2006. (Ajay Rastogi),J. VS Shekhawat/- 923cmrapli09May13Fnl.doc