ORDER NO. 5 DT. 25.3.11

Misc. Applicant through Mr. A.K.Roy and OP through Mr. K.C.Dutta, Ld. Advocates, are present.  OP files written objection to the Misc. Application.

This is an application for restoration of the Appeal upon recalling of the order of dismissal of the same on the ground of default.  The Appeal was dismissed on the ground of default on 25.1.11.  In the above application it has been stated that the Ld. Advocate while coming to the court on the said date he was held up in a traffic jam, for which he could not reach in time when the Appeal was called on for hearing.  Regard being had to the above averments along with the objection filed by the Respondent to the above application for restoration we are satisfied that the Appellant was prevented by sufficient cause from appearing on the date when the Appeal was dismissed on the ground of default.  The order of dismissal is accordingly recalled.  The Appeal is restored to file.  Fix 16.8.11 for hearing of the Appeal and filing of BNA.  Parties are directed to exchange their respective BNAs at least three days before the date of hearing.