\0 HIGH COURT OFCHHATTISGARH AT BILASPUR Coram:- Hon'ble Shri Dhirendra Mishra & Hon'ble Shri R.N. Chandrakar. JJ Applicant (Appellant) Respondent M.C.C. No.166/2010 Union of India, through Commissioner, Central Excise and Custom, Tikrapana, Dhamtari Road, Raipur (CC^) Versus M/s. Associated Cement Company Limited, Jamul Cement Works, Distt. Durg ApDlication for restoration of the Tax Case No.36/2007 dismissed forwantofDrosecution on 19.01.2010. 30/03/2010 Shri Bhishma Kinger, counsel forthe applicant. Heard. The applicant has preferred this application for restoratlon of Tax Case No.36/2007 as the same was dlsmissed by this Court on 19.01.2010 for want of prosecution. The applicant has also filed an application for condonation of delay as the instant application Tor restoration has been fited w'rth a detay of 11 days. Heard on I.A. No.01/2010 for condonation of delay. On due consideration of the reasons mentioned In the application, I.A. No.01/2010 as well as the applic^lon (M.G.C. No.166/2010) for restoration of Tax Case No.36/2007, we are satisfied that the applicant is able to esteblish sufficient ground for preferring this appllcation with delay of 11 days as well as for non-appearance of the applicant on the date when the matter was dismissed for want of prosecution. I- Consequently, I.A. No.01/2010 and M.C.C. No.166/2)10 are allowed. Delay in preferring this M.C.C is allowed. Tax Case No.36/2007 is directed to be restored to its original number subject to applicant's depositing Rs.200/- to the 1-ligh Court Legal Aid Committee, Bilaspur within a period of two weeks from today and thereafter Tax Case No.36/2007 be listed for hearing. Sd/- Dhirendra Mishra Judge Priy) Sd/- R.N. Chandrakar Judge r