1. Heard Mr.M.K. Patel, learned counsel for the applicants, Mr.H.H. Pandit, learned counsel for respondent No.2 and Mr.Niraj Ashar, learned A.G.P. for respondent No.3. Though served, no one appears for respondent No.1.
2. By way of this application under Section 5 of the Limitation Act, the applicants-original petitioners have prayed for condonation of delay of 69 days caused in filing Misc. Civil Application for restoration of the main writ petition being Special Civil Application No.6610 of 2011, which came to be dismissed for default vide order dated 07.07.2011.
3. Considering the averments made in the application, more particularly, in paragraph Nos.3 and 4 of the application, the applicants have been able to establish sufficient cause for condoning the delay and, therefore, the delay deserves to be condoned.
4. In view of the above, the application is allowed. Delay of 69 days, caused in filing Misc. Civil Application for restoration, is hereby condoned. Rule is made absolute.
5. Registry is directed to list the said Misc. Civil Application for restoration after giving regular number on 13.02.2012.
(R.M.CHHAYA, J.) Hitesh Top