Supreme Court of India · 2008-12-12
Shiv Kumar vs Darshan Kumar
- Citation / case number
- AIRONLINE 2008 SC 421
- Court
- Supreme Court of India
- Petitioner
- Shiv Kumar
- Respondent
- Darshan Kumar
- Author
- Tarun Chatterjee
- Bench
- V.S. Sirpurkar, Tarun Chatterjee
Judgment text excerpt
The Supreme Court held that the application for restoration of Civil Misc. No. 429 of 2005 should be allowed, subject to the payment of Rs. 10,000 as costs to the respondent. The Court set aside the High Court's order rejecting the restoration application, emphasizing that if the restoration is granted, subsequent rejected applications for restoration would also be deemed allowed. The Court directed the High Court to dispose of the case expeditiously, while clarifying that failure to pay the costs would result in dismissal of the restoration application.