IN THE HIGH COURT OF JUDICATURE AT PATNA MJC No.3721 of 2010 COMMISSIONER CUSTOMS,PATNA Versus RATAN PRASAD ----------- 2 05.10.2010 Heard learned counsel for the appellant. Misc. Appeal No. 197 of 2008 was dismissed at pre-notice stage on account of non-removal of defect No. 1 within the peremptory time granted on 30.11.2009. Learned counsel for the appellant submits that the defect was in respect of affidavit on which the oath commissioner had, by mistake not placed his seal and signature. According to the counsel, the defect was subsequently removed in the month of August, 2010 by filing another Memorandum of Appeal supported by proper affidavit. Although there is unusual delay even on expiry of the peremptory time of one week, considering all the facts and circumstances and the interest of justice, the prayer for restoration is allowed and M.A. No. 197 of 2008 is restored to its original file. AKV/- (Shiva Kirti Singh,J) ( Hemant Kumar Srivastava, J.)