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2022 (4) TMI 1422 - HC - Indian LawsCondonation of delay in filing Restoration application - HELD THAT:- The prescribed period of limitation for filing a restoration application is 30 days from the date of dismissal. It is not in dispute that the respondent No. 1 was served with the notice of the execution petitions on 20.08.2015 and also appeared through an advocate. Thereafter, the said execution petitions also came to be adjourned from time to time. Meaning thereby, the respondent No. 1 was in very well know of the dismissal order dated 12.02.2013, at least on 20.08.2015. Moreover, the applications in questions came to be filed on 13.04.2016. In the interregnum, the respondent No. 1, on service of Distress Warrant on 15.03.2016, also assured to settle the matter and to make payment. Thus, from the above, it is abundantly clear that there was delay in filing the restoration applications, however, record reveals neither any delay condonation application is filed nor is there any prayer to condone the delay appear to have been made in the said restoration applications. There appears contradictions in the version of the respondent No. 1 inasmuch as, though the respondent No. 1 was served with the notice on 20.08.2015, it stated to have knowledge of dismissal only on 15.03.2016 when Distress Warrant came to be issued. Further, the respondent No. 1 not only filed the restoration applications before the learned trial Court concerned but also had filed the civil revision applications before this Court wherein, in delay condonation application, prayer was made to condone the delay of 1074 days. Accordingly, the Court finds substance in the submissions advanced by the learned advocate for the petitioner and in the considered opinion of the Court, the petitions merit favourable consideration and to remand back the matter for de novo consideration of the restoration applications. The Court is conscious of the fact that the petition is filed under Article 227 of the Constitution of India and the scope for interference is very scant - matters are remanded back to the trial Court concerned to decide the same afresh, after affording an opportunity of hearing to both the sides, in accordance with law and on merits - Petition allowed in part by way of remand.
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