Madhya Pradesh High Court (Division Bench (DB)- Two Judge)

MCC, 777 of 2015, Judgment Date: Jun 25, 2015

MCC-777-2015
(RAHMAN Vs THE LAND ACQURISITION OFFICER)
25-06-2015
Shri Shashank Upadhyay, learned counsel for the
petitioner.
Shri Ankit Agrawal, learned counsel for respondent No.2.
Heard learned counsel for the parties.
This application has been filed for restoration of F.A.
No.766/2013, which was dismissed for non-compliance with the
peremptory order passed on 13.1.2014. There is a delay of 393
days in filing this application, therefore, I.A. No.3940/2015 has
been filed for condoning the delay.
Delay in filing the application and the default has been
attributed to some lapses on the part of the counsel. Both the
applications are supported by affidavit of the counsel himself.
Even though Shri Agrawal, learned counsel opposes the
prayer for restoration, but keeping in view the reasons stated
in the application and finding it to be bonafide, both the
applications, i.e. application for condonation of delay and
restoration application itself, are allowed. Delay is condoned
and F.A. No.766/2013 is restored to its original file. It be placed
for orders before an Appropriate Bench.
The application stands allowed and disposed of.
(RAJENDRA MENON)
JUDGE                                        (VANDANA KASREKAR)
                                                        JUDGE

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