IN THE HIGH COURT OF JUDICATURE AT PATNA Miscellaneous Jurisdiction Case No.1716 of 2011 M/S Swami Steel Works Sole Proprietorship Concern situated at Baratpur & Ors. Versus Punjab National Bank ---------------------------------- 2. 9.9.2011 This application has been filed for restoration of First Appeal No.34 of 2006, which stood dismissed for non-compliance of the order dated 13th of April, 2007, whereby the petitioners were allowed two months’ peremptory time for depositing the deficit court fees of Rs.9,753.10 paise. It is submitted that the petitioners had deposited the deficit Court fee on 9th of August, 2007. This M.J.C. application was filed on 13th of April, 2011 along with Interlocutory Application No.2840 of 2011 for condoning the delay in filing the M.J.C. application, in the circumstances as stated in the said application. Learned counsel for the petitioners submits that the petitioners were under the impression that the time allowed for depositing the deficit court fee vide order dated 13.4.2007 was not a peremptory one and as such, due to sheer mistake, the deficit court fee was deposited after expiry of the aforesaid period of two months. With regard to the delay in filing the aforesaid restoration application, it is submitted that the dismissal of the aforesaid appeal could be learnt after a long period as the petitioners did not get any memo from the office communicating about the dismissal of the appeal and as such, the above application for restoration of the aforesaid appeal was filed soon after learning about the dismissal of the first appeal along with interlocutory application under section 5 - 2 - of the Limitation Act for condoning the delay in filing the restoration application. Learned counsel appearing for the opposite party-Bank submits that this restoration application has been filed after sufficiently long delay and the reason stated for not filing the restoration application soon after the dismissal of the first appeal is not justified and, as such, the application for condoning the delay in filing the restoration application as also the MJC for restoration of the aforesaid First Appeal No.34 of 2006 deserves to be dismissed. Considering the rival submissions of the parties and on the grounds stated in the interlocutory application, the delay in filing the aforesaid restoration application is condoned. Further, on the grounds stated in this M.J.C. application, the connected First Appeal No.34 of 2006 is restored to its original file, subject to the payment of cost of Rs.1,500/- (One thousand five hundred) to be deposited with the Patna High Court Legal Aid Committee within a period of one week. The deficit court fee deposited by the petitioner in the aforesaid first appeal be accepted. The office may proceed accordingly. Mr. Kumar Priya Ranjan, learned Standing Counsel appearing for the Bank submits that Bank shall appear in the above first appeal as well. PNM (Shailesh Kumar Sinha, J.)