M C D Vs. MUKESH KUMARI

JUDGEMENT

(1.) THIS appeal was dismissed in default on 29 th February, 2008. The appellant has filed this application for restoration of the appeal after a delay of about one year on 13 th february, 2009. As per the office report, there is a delay of 319 days in filing of this appeal. The learned counsel for the respondent opposes the application and submits that there is an unexplained delay of one year and the restoration be allowed subject to cost. The learned counsel for the respondent further submits that the appeal may be finally heard.

(2.) THE delay in filing the application for restoration is condoned subject to the cost of Rs. 10,000/- to be paid to respondent No. 1 and the appeal is restored to its original number.

(3.) LIST for reporting compliance with respect to the payment of the cost on 6th May, 2009. The cost of rs. 10,000/- be paid by means of cheque in favour of respondent No. 1.