(1.) Application, CM APPL. No. 37546/2023 has been filed on behalf of appellant for restoring the present appeal that was dismissed in default vide order dtd. 22/11/2022. The application for restoration is accompanied by another application, CM APPL. No.37547/2023 for condoning delay of 214 days in filing the restoration application.
(2.) Learned counsel appearing for appellant submits that the present appeal was dismissed in default by this Court vide order dtd. 22/11/2023, as no one had appeared on behalf of appellant. It is submitted that the present appeal was initially filed by counsel, Ms. Meenu Pandey. Subsequently, appellant wanted to engage a new lawyer and therefore, Ms. Meenu Pandey had given her no objection in this regard in the year 2021 and had returned the file to appellant. Thereafter, appellant engaged a new counsel who started appearing on his behalf in the present appeal.
(3.) It is submitted that when the present appeal was listed on 22/11/2023, the counsel subsequently engaged by appellant, did not appear which led to dismissal of the present appeal.