This application seeks condonation of delay of 113 days which occurred in preferring Misc. Civil Application (St.) No.762 of 2010 seeking restoration of the main petition being Special Civil Application No.4721 of 2009.
The matter was called out twice in the forenoon and once again in the second session. Learned advocate for the applicant is absent at all the 3 (three) calls. The reasons stated in support of the application for condonation of delay in paragraph No.2 do not explain the reasons for delay. In-fact when the matter had come up last on 8th October, 2010, the Court had specifically pointed out this fact to the learned advocate for the applicant permitting him to place on record additional facts and better particulars in support of the application seeking condonation of delay. Since then, nothing has been placed on record in support of the application seeking condonation of delay.
In the circumstances, the application is rejected both on the count of no case having been made out for condoning the delay in absence of any reason for the delay and also for want of prosecution.
As a consequence, Misc. Civil Application (St.) No.762 of 2010 also would not survive and stands disposed of.
Both the applications are accordingly rejected.
(D.A.MEHTA, J.) (ashish) Top