(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) By filing these applications, the applicants have prayed for restoration of the First Appeals which have been dismissed for non-compliance of the order dated October 17, 2011. By the said order, the Division Bench granted time till November 11, 2011 to remove the office objections.
It is stated in paragraphs 2 and 3 of the applications that the applicants had removed all other office objections and the only office objection of not filing Civil Applications for condonation of delay could not be removed within the time granted by the aforesaid order of the Division Bench as the office of the Government Pleader did not receive the reasons for delay from the concerned Department. It is also stated in the applications that the reasons for delay have already been received, and the applicants are now in a position to file the applications for condonation of delay within two weeks, if the appeals are restored.
After hearing the learned advocate for the applicants and after going through the explanation given in the applications, we find that sufficient cause has been made out for non-compliance of the directions contained in the order dated October 17, 2011.
We, therefore, restore the appeals on condition that the appellants should file applications for condonation of delay within 10 days from today; in default, these applications will stand dismissed.
These applications are disposed of accordingly. No costs.
[BHASKAR BHATTACHARYA, ACTING C.J.] mathew [J.B.PARDIWALA. J.] Top