AO No. 675 of 2006 Hon’ble B.C. Kandpal, J. (Restoration Application No. 407 of 2009) (Delay Condonation Application No. 4557 of 2009) Heard Sri N.C. Gupta, learned counsel for the appellant, Sri D.C.S. Rawat, learned counsel for the respondent No. 1, Sri Prabhat Pande, learned counsel for the respondent No. 2, Sri Neeraj Upreti, learned counsel for the respondent No. 3, Sri Pankaj Purohit, learned counsel for the respondent No. 4 and perused the record. I find sufficient ground to allow the delay condonation application. Accordingly, the delay condonation application is allowed. The delay in filing the restoration application is allowed. Heard on the restoration application perused the record. I find sufficient ground to allow the restoration application. Accordingly, restoration application is allowed. The order dated 23.03.2009 by which the restoration application No. 139 of 2009 was dismissed for want of prosecution is hereby recalled. Also heard learned counsel for the parties on the restoration application No. 139 of 2009 and perused the record. I find sufficient ground to allow the restoration application. Accordingly, the restoration application is allowed. The order dated 19.12.2008, dismissing the appeal for want of prosecution is hereby recalled. Let the appeal be restored to its original number. Both the parties have agreed that the matter be decided finally. Therefore, appeal has been decided finally. For order see my order of date passed in separate sheets. (B.C.K., J.) 10.06.2009 ASWAL