KIRTI BALLABH BHATT S/O SRI POORNANAND BHATT Vs. STATE OF UTTARAKHAND THROUGH SECRETARY HOME ANDSRI BHUWAN CHANDRA JOSHI ASSISTANT COORDINATOR

JUDGEMENT

(1.) THIS is Delay Condonation Application No. 733 of 2011, for condonation of delay in moving the Restoration Application MCRC No. 494 of 2011, for restoration of Criminal Misc. Application (C -482) No. 66 of 2011, which was dismissed for non -prosecution by this Court, on 20.05.2011.

(2.) PERUSED the affidavit filed with the delay condonation application. The delay condonation application is allowed. Delay is condoned.

(3.) IN view of the principle of law laid down in Madhumilan Syntex Limited and Ors. v. Union of India and Anr., 2007 A.I.R. S.C.W. 1971, the restoration application is allowed, on the condition that the petition under Section 482 of Code of Criminal Procedure shall be heard on merits, today.