NARESH KUMAR JINDAL S/O LATE SRI RAJKISHAN DAS Vs. SRI PAWAN KUMAR PODDAR S/O LATE SRI MAHAVIR PRASAD PODDAR AND

JUDGEMENT

(1.) THIS is Recall/Restoration Application MCRC No. 77 of 2011, for restoration of Criminal Misc. Application (C -482) No. 957 of 2005, which was dismissed for non -prosecution by this Court, on 03.09.2010.

(2.) DELAY in filing the application is condoned.

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