- (1.) This appeal is directed against an Order dated 25th September, 2007 passed by the Hon'ble First Court whereby it appears that the applicants moved an application for restoration of an award which was dismissed for default and a decree was passed in terms of the award. The applicants took out two applications, one for recalling the order of dismissal of the setting aside application and the other for setting aside the ex parte decree.
(2.) The restoration application was dismissed for default on 19th July, 2007. Thereafter the petitioner filed an application for restoration of the restoration application and the Hon'ble First Court, by an order dated 10th September, 2007, was pleased to direct the applicant to deposit a sum of Rs. 1 crore within fortnight from the date to consider the matter thereafter.
(3.) It is also to be mentioned that the award and the decree in terms thereof is of Rs. 3.5 crores, since the applicant did not deposit the said amount as mentioned, the Hon'ble First Court came to the conclusion that where there has been a gross negligence on the part of the applicants, it would be improper to restore the applicant's application for restoration of the setting aside application. Hence this appeal has been filed from the said application.;