Saju Kaliyuvilayil Varghese v. M/S.Financial Software And Systems Private Ltd

A.No.1305 of 2024 in O.P.No.524 of 2014 C.SARAVANAN, J.

This application has been filed to condone the delay of 129 days in filing the application for restoration of the original petition which was dismissed on 05.09.2023.

2. The learned counsel for the applicant would submit that earlier the original petition itself was filed with a delay and the learned counsel who have initially engaged had failed to appear before the Court.

3. Thereafter, the present counsel namely M/s.Gupta and Ravi were engaged. By an order dated 16.08.2023, the restoration application was allowed after the new counsel engaged had argued the case on the said date.

4. It is further submitted that the original petition was thereafter listed on 31.08.2023 and 05.09.2023. However, in the Cause List, only the name of the previous counsel was printed. Hence, there was no representation on behalf of the applicant. Thus, O.P.No.525 of 2014 was

dismissed on 05.09.2023.

5. The learned counsel for the applicant has produced copies of the Cause Lists dated 31.08.2023 and 05.09.2023 indicating that the name of the previous counsel for the applicant was printed and not that of new counsel namely M/s.Gupta and Ravi.

6. Thus, there is a justifiable cause to condone the delay in filing the application for restoration of the Original Petition to the file of this Court.

7. Registry is directed to list the application for restoration of the Original Petition.

8. Registry is directed to ensure the names of the previous counsel for the applicant is deleted from the Cause List instead the name of the present counsel namely M/s.Gupta and Ravi be printed.

9. Application to restore the Original Petition to the file of this Court

is directed to be listed on 19.03.2024.

12.03.2024 arb C.SARAVANAN, J.

arb A.No.1305 of 2024 in O.P.No.524 of 2014 12.03.2024