MC 662/2011 BEFORE HON’BLE MR.JUSTICE A.C.UPADHYAY Misc.Case No.662 of 2011 In Misc.Case No.3089 of 2008 Arising out of MAC Appeal No. /08 This is an application praying for restoration of Misc.Case No.3089 of 2 008, which was dismissed for default on 25.1.2011. Heard Mr. P Sen, learned counsel for the petitioner and Mr. D Das, learn ed counsel appearing for opposite party No.2. Respondent No.2 has raised no objection. It appears from the order dated 25.1.2 011 that none appeared on that day and as a result of which, matter was dismisse d for non-prosecution. Learned counsel for the petitioner has submitted that on the day fixed for hearing i.e. 25.1.2011, he could not appear in time due to traffic jam and police checking for ensuing Republic day celebration on 26th January, 2011 and a s a result the case was dismissed for default. In view of the aforesaid submissions and being satisfied with the reason s assigned in the application, the order dated 25.1.2011, whereby the M.C.No.308 9 of 2008 was dismissed for default is hereby recalled and the same stands re stored to its original number and file. This Misc. Application stands disposed accordingly.