1..... MCC No. 1397 of 2011 14.10.2011 Shri Shashank Upadhyaya, Counsel for the applicant. Shri Kumresh Pathak, Dy. A.G. for the respondent No.1. Shri Amit Khatri, Counsel for respondent No.2. This application is filed for restoration of F.A.442 of 2009 which was dismissed because of non compliance of peremptory order dated 13.9.2011. The applicant failed to make payment of process fee within the time period as was fixed by the Division Bench in F.A.442/09. Learned counsel for the applicant at the outset submitted that it was a mistake on his part, he was of the view that when respondent No.2 had caused appearance there was no necessity to serve others, so process fee could not be paid. The application is supported by an affidavit of Shri Shashank Upadhyaya. Considering the reasons stated in the application, we find it appropriate to allow this application and accordingly F.A.442 of 2009 is restored on following conditions :- 1. Applicant to make compliance of order dated 13.9.2011 within a period of two weeks from today. Applicant to make payment of P.F. within two weeks from today. 2. If the process fee is paid, office to restore F.A.442 of 2009 and to issue notice as directed on 13.9.2011, failing which earlier order shall stand. No order as to costs. This M.C.C. is finally disposed of. (Krishn Kumar Lahoti) (Smt. Vimla Jain) JUDGE JUDGE 2..... MCC No. 1397 of 2011 14.10.2011 vj