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DINESH KUMAR SHARMA
Bhargava Commercial Pvt. Ltd. – Appellant
Versus
Kunal Advertising Pvt. Ltd. – Respondent
JUDGMENT
Dinesh Kumar Sharma, J. (Oral)
1. This is a petition seeking restoration of CC No. 536122/2016 titled as Bhargava Commercial Pvt. Ltd. vs. Kunal Advertising Pvt. Ltd. and Anr.
2. The complaint of the petitioner under Section 138 Negotiable Instruments Act was dismissed in default for the non-appearance of the petitioner by the learned MM-07, (NI Act), Central, Tis Hazari Court, Delhi vide order dated 25.06.2022.
3. Learned Counsel for the petitioner submits that the default on the part of the petitioner was not wilful and was accidental due to circumstances beyond his control as he was under the impression that the courts were functioning in a restricted manner due to Covid-19 Pandemic.
4. Respondent no.2 is present in court. He states that he has no objection if the present petition is allowed and the complaint case being CC 536122/2016 titled as Bhargava Commercial Pvt. Ltd. vs. Kunal Advertising Pvt. Ltd. and Anr. dismissed in default on 25.06.2022 is restored to its original number.
5. In view of the above, the petition is allowed, order dated 25.06.2023 is set aside and the complaint case being CC 536122/2016 titled as Bhargava Commercial Pvt. Ltd. vs. Kunal Adver
Complaints dismissed for non-prosecution can be restored when justified circumstances, such as medical emergencies, are presented, alongside the imposition of reasonable costs.
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