IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- CIVIL RESTORATION No. 39 of 2006 R S R T C BHILWARA V/S SMT. SUNDEDR DEVI & ORS Mr. SANGEET LODHA, for the appellant / petitioner Date of Order : 4.12.2006 HON'BLE SHRI N P GUPTA,J. ORDER ----- Heard learned counsel for the appellant. The appeal filed by the appellant under Section 173 of the Motor Vehicles Act stood dismissed in term of peremptory order dated 2.12.2004. The appeal was filed way back on 24.5.2004 and was not accompanied with the certificate of deposit of the amount as required by Section 173. To this the appellant filed a reply and submitted that since amount has been deposited in compliance of the award on no fault liability basis, the appellant does not require to deposit any further amount. This submission was not accepted vide order dated 2.12.2004 and the appellant was directed to submit the certificate within one month and it was further directed that in any case if the certificate is not produced within six weeks, the appeal will stand dismissed. Admittedly, neither the amount has been deposited within one month of the order nor the certificate has been produced within six weeks. The reason given in the application is that the application was filed for certified copy and ultimately the copy was received on 22.12.2004. In my view for complying with the order to deposit the amount and produce the certificate obtaining certified copy is not sine qua non rather the requirement of deposit of the amount is the requirement of Section 173 and the order dated 2.12.2004 clarified that the impression of the appellant is not correct. Thus, no sufficient cause is made out for restoration. The restoration application is, therefore, dismissed. ( N P GUPTA ),J. /rm/