O R D E R (ORAL)

NARENDRA KUMAR JOHARI, MEMBER (J) :

Shri S.K. Tiwari, learned counsel for applicant is present.

Shri G.K. Agrawal, holding the brief of Shri S.K. Sinha, ld. Counsel for opposite parties has appeared for opposite parties.

MANORD si i g g n it e a d ll y b y ANJAN MANORAN KUMAR JAN SINHAK S U IN M H A A R

MA 125 of 2026

Learned counsel for applicant has submitted that due to some unavoidable reason he could not appear before the Tribunal on 03.01.2025 and due to non-presence of applicant as well non-compliance of the order passed by the court on 27.11.2024 the O.A. has been dismissed. Further, he has submitted that the clerk who was handling the case had left the chamber of counsel without informing the progress of the case and that is why the counsel is not aware about the progress of the case. The application is supported with the affidavit.

MA 126 of 2026

The present application has been filed for condonation of delay in filing of restoration application. Orally, learned counsel for applicant has submitted that due to mistake and non-availability of the clerk, the order of dismissal could not come to his knowledge. Presently, when the applicant approached the counsel then he inquired about the progress of the case and the fact of dismissal of the case came to his knowledge. The applicant has not committed any wilful mistake in non-complying the order of the court as well as regarding the date fixed in the case. Hence the delay, if any, found in filing the restoration application be condoned and the restoration application be allowed.

MANORDigitally signed by ANJAN MANORAN KUMAR JAN SINHAK S U IN M H A A R

On behalf of the opposite parties Mr. G.K. Agrawal is present and submitted that he has no objection if the application for condonation of delay as well application for restoration of OA is allowed.

Accordingly, the MA No. 126/2026 is allowed and the delay is condoned.

Since the learned counsel for applicant has submitted that a mistake in non-compliance of the order of the court as well as absence on the date fixed was neither in the knowledge of the counsel for applicant nor in the knowledge of applicant, the above mistake is not wilful.

In view of the above, considering the submission of learned counsel for both the sides, the MA No. 125/2026 is hereby allowed and the order of dismissal passed of OA passed by this Tribunal on 03.01.2025 is hereby set aside.

The OA is restored at its original number.

MANORDigitally signed by ANJAN MANORAN KUMAR JAN SINHAK S U IN M H A A R

O.A. No. 882 of 2024

Learned counsel for applicant and proxy counsel for opposite parties are present.

At the very outset, counsel for applicant has submitted that there are some mistakes which have been occurred inadvertently and the same cannot be cured by way of amendment. Therefore, he seeks permission to withdraw the OA. He is seeking liberty for filing the fresh O.A.

Shri G.K. Agrawal, ld counsel holding the brief of Shri S.K. Sinha, has not disputed.

In view of above, the O.A. is dismissed as withdrawn with the aforesaid liberty.