(1.) DELAY condoned in application for restoration of special leave petition qua Respondent Nos. 1 and 3.
(2.) FOR the reasons stated in the application, it is allowed and the special leave petition is restored qua Respondent Nos. 1 and 3.
(3.) THE impugned order has been passed by the High Court assuming that the appeal before the High Court was a Second Appeal. This is patent from the judgment itself which mentions that the decision is rendered in Second Appeal No. 339 of 2009.