VIRENDERA JAIN Vs. NARESH DAYAL

JUDGEMENT

(1.) This is an application by the petitioner/applicant seeking setting aside of the order dated 05.05.2009 dismissing the petition in default of appearance of petitioner and his counsel and on the premise that the petitioner has received a payment and, therefore, he is not interested in pursuing the contempt petition.

(2.) The notice of the application was issued to the respondents and the time was sought by the respondent to file the reply to the contempt petition as well as the application for restoration. Neither the reply to the contempt petition has been filed nor the reply to the restoration application filed on behalf of the respondents. Despite matter having been passed over once, no one is even present on behalf of the respondents.

(3.) In the circumstances, the prayer made by the applicant in the application remains un-rebutted seeking restoration of contempt application and needs to be accepted. The averments made in the application makes out sufficient cause for setting aside the order dated 05.05.2009 dismissing the petition in default of appearance of petitioner and his counsel.