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Dismissed for default

Guest (Querist) 29 April 2011 This query is : Resolved 
I (advocate) filed an application u/s 17 of SARFAESI Act, At DRT Kolkata, but on the day fixed I failed to appear as I was suffering from jaundice. But it was dismissed for default.
What is the procedure for restoration?
What is the limitation period for filing an application for restoration? What is the application fee?
What is the relevant provision of law?
seniors, Please help...
Can any one provide a sample application?
R.Ramachandran (Expert) 29 April 2011
Immediately make an application for restoration of the complaint. Give appropriate reasons as to why you could not be present on the date of hearing. If you have any medical certificate, attach the same. State that it was unintentional. You do not gain by not attending to your own case. Due to circumstances beyond your control you could not attend the hearing.
You will suffer irreparable loss and damage if the complaint is not restored.
Therefore, pray to the Forum to recall its order dated ..... and to restore the complaint.
Regarding applicable stamp, fee etc., approach the Registry of the Forum, they will guide you.
Adinath@Avinash Patil (Expert) 29 April 2011
you can file immediatly restoration application befor the forum.
I agree with ramchandran.
M.Sheik Mohammed Ali (Expert) 29 April 2011
yes, i agree experts
Sarvesh Kumar Sharma Advocate (Expert) 29 April 2011
file restoration application!
M/s. Y-not legal services (Expert) 30 April 2011
sorry experts, he asked the procedure for restore.. but we failed to disclose it..
Guest (Expert) 01 May 2011
I agree with Mr. Ramachandran.
Guest (Expert) 01 May 2011
Dear Tom,

If you have some different procedure other than that suggested by Mr. Ramachandran, to restore suit, better come forward with the correct procedure instead of criticising the replies of all experts?
Advocate. Arunagiri (Expert) 01 May 2011
I think Mr.Ramachandran had rightly answered the query. he had given the suggestions to file a petition for restoration along with necessary documents.
Guest (Querist) 02 May 2011
Thanks to all seniors....


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