IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.2221 of 2011 Uday Yadav & Ors Versus M/S Mali Tractors, & Ors ----------- 4 03.11.2011 Heard the learned counsel for the petitioner. This MJC application has been filed for restoration of Miscellaneous Appeal No. 289 of 2009 which was dismissed for default for non compliance of the peremptory order dated 09.04.2010. The learned counsel for the petitioner submitted that within the peremptory period the award was not prepared by the court below and, therefore, the award was not filed. However, after obtaining certified copy of the award, the petitioner has already filed the same in the miscellaneous appeal on 02.11.2010. In view of the above facts and circumstances of the case, this restoration application is allowed and the Miscellaneous Appeal No. 289 of 2009 is restored to its original file. The office shall proceed accordingly. Md. Ibrarul (Mungeshwar Sahoo, J.)