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2025 DAILYLAW 40415 (RAJ)

RAJASTHAN STATE ROAD TRANSPORT CORPORATION v. MILAPCHAND NARNOLIA S/O SHRI BODURAM

CRES/658/2024 · 2025-10-08

Sudesh Bansal

body2025

Judgment text

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Restoration Application No. 658/2024 In S.B. Civil Second Appeal No.257/2022 1. Rajasthan State Road Transport Corporation through Chairman Cum Managing Director, Parivahan Marg, Chomu House Jaipur 2. Chief Manager, Rajasthan State Road Transport Corporation Jaipur Depot, Parivahan Marg, Chomu House Jaipur ----Applicants/Appellants/Defendants Versus Milapchand Narnolia S/o Shri Boduram aged Adult, R/o Village Govindgarh, Tehsil Chomu District Jaipur- Retired Traffic Inspector Rajasthan State Road Transport Corporation, Jaipur Depot, Jaipur. ----Respondent/Plaintiff For Petitioner(s) : Mr. Ram Singh Bhati For Respondent(s) : HON'BLE MR. JUSTICE SUDESH BANSAL Order 08/10/2025 1. Instant Civil Restoration Application has been filed by and on behalf of the Rajasthan State Road Transport Corporation (for short, ‘RSRTC’), seeking to restore the S.B. Civil Second Appeal No. 257/2022. 2. The second appeal was dismissed due to non-compliance of peremptory order dated 29.09.2023 for not removing the defects within the prescribed time limit. The restoration application is too delayed by 163 days. 3. Counsel for applicants submits that the delay occurred due to not marking the case by the counsel, which is an inadvertent error. Application is supported by an affidavit and delay is not (2 of 2) [CRES-658/2024] found to be suffered deliberately or neither suffers from any malafide. 4. Counsel for applicants undertakes to remove the defect(s) soon after restoration of second appeal. 5. In view of the above, the delay in filing the restoration application is condoned subject to deposition of Rs.10,000/- (Rs. Ten thousand) by way of Demand Draft/ Banker’s Cheque in the name of Registrar General, Rajasthan High Court, within a period of four weeks. The order for disbursement of amount shall be made in the second appeal, if same is deposited. 6. Let a copy of this order be enclosed with the second appeal. 7. For the aforesaid reasons, the restoration application is allowed. S.B. Civil Second Appeal No.257/2022 is restored to its original number. (SUDESH BANSAL),J pcg/79