SPA No. 38 of 2009 Hon'ble Prafulla C. Pant, J. Hon’ble Dharam Veer, J. Sri A.D. Tripathi, Advocate, holding brief of Sri N.C. Gupta, Advocate, present for the appellant. Sri S.S. Chauhan, Advocate, present for the respondent no. 1. Sri Ashok Aggarwal, Advocate, present for the respondent no. 2. This is Delay Condonation Application No. 1195 of 2009, for condonation of delay in filing the appeal against the order of learned Single Judge, passed on 11.09.2008 in Writ Petition No. 632 of 2002. The delay is sufficiently explained in the affidavit accompanying the application. Accordingly, application is allowed. Delay is condoned. Also heard on admission. By the impugned order learned Single Judge has dismissed the restoration / recall application, moved by the writ petitioner. However, it has not been discussed that what was the ground mentioned in the affidavit filed in support of the restoration application and how the same was found to be insufficient. Learned counsel for the parties agree that the appeal may be allowed summarily and writ petition may be restored to its original number, so that the same may be decided on merits. In view of the statement made by the learned counsel for the parties this appeal is allowed. The impugned order dated 11.09.2008, passed by learned Single Judge is set aside. The restoration application moved in the Writ Petition No. 632 of 2002 is hereby allowed. The order dated 29.07.2008, passed in Writ Petition No. 632 of 2002 (S/B) stands recalled. Writ petition is restored to its original number. (D.V., J.) (P.C.P., J.) 20.02.2009 NS