CANBANK FACTORS LTD. Vs. ICOMM TELE LTD.

JUDGEMENT

(1.) Learned counsel appearing for the respondent Nos.2 to 4 makes a specific submission that the respondent Nos.2 to 4 have received the costs in terms of the Trial Court's order dtd. 25/10/2022 in I.A.No.250 of 2021 in C.O.S.No.6 of 2017.

(2.) To clarify matters, I.A.No.250 of 2021 in C.O.S.No.6 of 2017 was the restoration petition filed by the appellant herein for setting aside the order of dismissal of the Suit filed by the appellant on 24/8/2021, i.e., the appellant's Suit was dismissed on 24/8/2021 due to non-prosecution.

(3.) The appellant thereafter filed I.A.No.250 of 2021 in IA.SR.No.1807 of 2022 in C.O.S.No.6 of 2017 to restore the Suit at the stage of its dismissal for default on 24/8/2021. I.A.No.250 of 2021 in C.O.S.No.6 of 2017 was allowed by the Trial Court on 16/3/2022, subject to the appellant making payment of Rs.3,000.00 to the respondents.