MC 903/2008 BEFORE HON’BLE MR. JUSTICE B D AGARWAL Both the aforesaid applications are being disposed of by this common order. Misc. Case No.903 of 2008 relates to an application filed by the petitioner Unde r Section 5 of the Limitation Act. 1963 praying for condoning delay of 555 days in filing the restoration petition, whereas, Misc. Case No. 904 of 2008 has bee n filed by the petitioner for restoring the Writ Petition No.3411 of 2004 that w as dismissed for default on 21.07.2006. According to the petitioner, in the cause list dated 21.07.2006, name of the cou nsel for the writ petitioner was not reflected and as such, counsel could not at tend the Court, which resulted in the dismissal of the writ petition. According to the petitioner, he came to know about the dismissal of the writ petition only on 10.03.2008 and these statements have been verified by way of filing affidavi t. The aforesaid facts have not been denied by the Respondents. Heard Mr. SK Singha, learned counsel for the petitioner as well as Mr. PN Goswam i, learned counsel for M/S Assam Co-operative Bank Ltd.. Also heard Mr. RK Adhik ari, learned Government Advocate. Learned counsel for the Respondents did not object to the restoration of the wri t petition provided some cost is imposed upon the writ petitioner. Upon hearing the learned counsels for both the sides and having regard to the na ture of the facts of the case, the prayer of the writ petitioner is accepted sub jected to payment of Rs.10,000/-( Ten Thousand ) to the Respondents Bank. The c ost amount shall be deposited in the Registry of this Court within 10 (ten) days from today. If the money is not deposited within this period, the dismissal ord er-dated 21.07.2006 shall automatically stands restored and the writ petition wi ll be treated as closed. Registry is further directed to disburse the money to t he Respondents Bank after obtaining proper receipt. With the aforesaid directions, the misc. cases stands d isposed of accordingly