...the appellant could deposit only Rs. 6 lakhs. The appellant filed restoration application which was rejected on 25-6-2008. The appellant filed second application for restoration on 21-8-2008. On 7-5...-2009, the second restoration application was rejected. The appellant challenged this order by filing a writ petition. Pending second restoration application, the appellant paid the remaining amount of...the second restoration application was dismissed. By the impugned order1, the High Court dismissed the appeal on the ground that the appellant did not disclose to the High Court that the writ...

...petitioner by the authority concerned. The respondents then filed a restoration application which restoration application was rejected. Thereafter, a second restoration application has been filed and the second restoration...application has been allowed directing the matter be restored to its original number and be decided after considering the claim of the parties. At this stage learned counsel for the petitioner submits that the second restoration...application of the petitioner was rejected as it was held that the petitioner can file an application under Section 33/39 of the Act.3. Such an order was passed upon the application of the...

...Application under Section 5 of the Limitation Act in Restoration Application No. 654/2012:Heard counsel for both the parties on the application under Section 5 of the Limitation Act filed along with the second restoration...is allowed and the delay of 141 days in filing the second restoration application is, condoned.Restoration Application No. 654/2012:For the reasons mentioned in the restoration application and considering the fact of condonation of delay in filing the restoration application, this second restoration...application is allowed and the first restoration application No. 522/2012 is restored to its original number.Application under Section 5 of the Limitation Act in Restoration Application No. 654/2012:-The aforesaid second appeal...

...appeal and such restoration was allowed. However, subsequently, the appeal was again dismissed for default, upon which a second restoration application was filed by the petitioner, which is now...pending. The petitioner took out an application for stay of all further proceedings in the preemption matter till disposal of such second restoration application. It is submitted that...impugned order does not reflect any consideration by the trial court of the prima facie case involved in the second restoration application. Since law has provided a remedy to the petitioner in the form...

....) By this order, a second restoration application, filed on behalf of complainant, on 20.11.2024, has to be decided. As per record, first such.../E was produced and hence, complaint case No. 28/2022 was dismissed for non-prosecution vide order dated 07.07.2023. Then first such restoration application was filed which was also dismissed, being devoid of any merits vide order dated 22.08.2024. Ld. Counsel for complainant again file this second restoration...application. In our considered opinion, there is no justification for allowing this second restoration...

...recall are not maintainable, this Court, at this stage, cannot prejudge that the officer concerned will not take into consideration all aspects of the matter while deciding the second restoration application. As...to whether the same is maintainable or whether cogent reasons have been indicated in the second restoration application in the given fact situation, has to be decided first at the level of...Court is not inclined to grant prayers made in the petition, however, the same stands disposed of with an observation that the pleas raised by the petitioner against the second restoration application shall...

...the petitioner submits that another restoration application is filed by respondent no.5 alone on 12.11.2018 to recall the orders dated 13.04.2018 and 09.10.2018. The contention of learned counsel for the petitioner is that on account of pendency of the second restoration...application filed on 12.11.2018 the execution of the order dated 13.04.2018 is held up. Having heard the learned counsel for the parties, the writ petition is disposed of by directing the respondent no.1 to dispose of the second restoration...Section 24 of U.P. Revenue Code, 2006 was decided by the Sub-divisional Magistrate, Shikohabad, District Firozabad, vide the order dated 13.04.2018. Restoration application is filed by the...

.... The instant petition has been filed for mandamus directing the respondent no.2, to decide the second restoration application dated 23.08.2016 moved by the petitioner in Case No.RST/670.... 3. Learned counsel for the petitioner submitted that against the ex-parte order passed in the proceeding under section 28 of U.P. Land Revenue Act, the second restoration application dated...

...learned Single Judge allowed the writ application holding that the second restoration application was barred by res judicata and further that at the time when transfer was made, the predecessor in interest...ground that the learned Single Judge has erred in law in holding that the second application for restoration was barred by res judicata. According to the learned counsel, in the second restoration application the...of consideration. Since new facts and evi-dence was brought in the second restoration application, the principle of res judicata, according to the learned counsel, will not apply.4...

.... DOSHI Date : 03/01/2025 ORAL ORDER 1. This is the second application for restoration. The first application for restoration was allowed by order dated... 08.07.2024 in Misc. Civil Application No.1409 of 2024, however, the order has not been adhered to and the matter is dismissed for non-prosecution. 2. In the second restoration application, learned... C/MCA/1835/2024 ORDER DATED: 03/01/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/MISC. CIVIL APPLICATION (FOR RESTORATION) NO. 1835 of 2024...

...for filing the requisite supplementary affidavit. However, on 5-4-1983 the restoration application dt. 19-7-1982 was rejected. The present application in that sense is a second restoration application...order passed by the Bench rejecting the first restoration application on 5-4-1983. The only prayer, which has been made in this application is for recalling the order passed by the Bench on 4-2-1982. In the affidavit accompanying the second restoration...the assessed has opposed the aforesaid application vehemently and has urged that the second restoration application is not maintainable. On merits also it has been argued that the department has not...

...restoration application for recalling the order passed on application under Order XLI Rule 19, a second restoration application was preferred for recalling the order dismissing the appeal for want of...prosecution. 2. The court below has rejected the restoration application on the ground that the said application was not in a proper format and has been filed for recalling the order passed on dismissal of civil appeal which was already dismissed. 3. Learned counsel for defendant-respondent has opposed the writ petition on the ground that the second restoration...preferred. The said civil appeal was dismissed for want of prosecution in which an application for restoration under Order XLI Rule 19 CPC was moved which was also dismissed in default. Instead of filing...

...Service Tax Appellate Tribunal dated 9-3-2006 whereby the Tribunal has rejected the second restoration application of the petitioner.3. The learned counsel for the petitioner has submitted.... This second restoration application was also rejected by the impugned order dated 9-3-2006.8. Having regard to the above facts, we are of the view that this writ petition by which the...consequently, the appeal was dismissed on 29-5-2003.6. A restoration application was filed by the petitioner which was also rejected on the same ground of failure to deposit by order...

...) Present: Complainant in person with Ld. Counsel Sh. Jitender Singh. Fresh arguments heard today on pending second restoration application of complainant, filed before this...detail in order dated 09.07.2024. Instead of filing fresh complaint, this second restoration application has been filed again almost on the same grounds. As revealed from case file, from... prosecute his case against the OPs before this Commission. For these reasons, we do not find any merits in this second application also so as to restore the original complaint and hence, this...

.... The present writ petition has been filed for the expeditious disposal of the restoration application pending in the court of Settlement Officer of Consolidation, Shamli (respondent No. 2). Learned counsel for the petitioners submits that the appeal was dismissed in default vide order dated 12.10.1987. Against said order, restoration application was filed, which was also dismissed. The petitioners have filed the second restoration...application.... Learned standing counsel, on the basis of instructions received from the authority concerned, contended that the restoration applications have finally been decided by order dated 7.1.2020 and...

... appeal was dismissed in default. Thereafter, a restoration application was filed, which has also been dismissed in default. Now, a second restoration application has...been filed being Restoration Case No. 206 of 2022, which is pending consideration. 3. No useful purpose would be served in keeping this petition...pending. 4. Accordingly, this petition stands disposed of with direction to court below to consider and decide the pending restoration...

...the petitioners is that before the Deputy Director of Consolidation, by mistake two restoration applications had been filed for recall of the same order. Later on, the second restoration application was..., it has been submitted that the Deputy Director of Consolidation committed illegality in dismissing the earlier restoration application as not been pressed also. If this was the case, the...not pressed by the counsel but the Deputy Director of Consolidation by order dated 25.5.2009 dismissed both the restoration applications treating them to be not pressed. In these circumstances...

...dismissed for default on 29-1-1979, it in its turn, got attracted the provisions of Order IX Rule 9 by virtue of the fact that first restoration application had already attracted the procedure of suit. Thus, the second restoration...application being Misc. Civil Application No. 39 of 1975 moved by the petitioner-plaintiff for restoration of the earlier restoration application being Misc. Civil Application No. 425 of 1975 got covered by Order IX Rule 9. Moment that happened, the procedure of suit became applicable even to second restoration...application by combined reading of Order IX Rule 9 and explanation to Section 141 of the Civil Procedure Code. When that second restoration...

...Executive Officer lost track of the case on 20.07.1990 as the O.E.A Collector did not hold Court on that day & that the further date of posting of the restoration application was not within the knowledge of the claimant. It is stated that on the date of filing of second restoration...to the Member, Board of Revenue in connection with another case, the O.E.A Collector endorsed on the body of the restoration application that the matter would be taken up after receipt of the original records from the Board of Revenue. The restoration petition dated 30.11.1991 with the endorsement of the O.E.A Collector has been filed as Annexure-5. Although nothing was decided by the O.E.A Collector on the second restoration...grounds. It was held that there was no sufficient Cause to allow the second restoration application. Challenging the Order Dated 12.4.1993 (Annexure-7), the claimant filed O.E.A Appeal...

...main Company Petition bearing CP No. 10/241/AMR/2024 was dismissed for non-prosecution. In this regard, the Petitioner had earlier filed Restoration Application, which was subsequently dismissed as withdrawn on 25.04.2025. Now, the Petitioner has filed the present Restoration Application (Companies Act)/4/2025. Once a restoration application has already been dismissed as withdrawn, a second restoration.... Accordingly, Restoration Application (Companies Act)/4/2025 is dismissed. IA(Com. Act)/27/2025: In view of the order passed in Restoration... Rest. Application (Com. Act)/4/2025, IA(Com. Act)/27/2025 in CP.No.10/241/AMR/2024 IN THE MATTER OF: Smt. Sreedevi Karnati, and another .… Petitioners Versus M/s Sreenadh...