(Per : HONOURABLE MR.JUSTICE A.L.DAVE) Heard learned Advocate Mr.J V Jappe for the applicant.
2. This is an application for condonation of delay of six years, three months and 20 days caused in filing Restoration Application being MCA (Stamp) No.3002 of 2011 in SCA (Stamp) No.967 of 2005.
3. Having gone through the averments made in the application, it is clear that the SCA was dismissed for non-removal of office objections after giving adequate opportunity to remove the office objections. Learned Advocate for the applicant - org. petitioner intimated the petitioner - applicant about dismissal and thereafter also the applicant - petitioner did not do anything. His case is that he learnt that the petition was dismissed on account of non-removal of office objections after six years and therefore he may be given a chance to remove office objections and press the petition. He does not give any explanation for delay of six years.
4. It is not possible to believe that a litigant would not inquire about the cause of dismissal of his petition for six years. Even, otherwise, no explanation is given for long delay of six years. Under the circumstances, the application is devoid of merits, deserves to be dismissed and same is dismissed.
5. Consequently, MCA (Stamp) No.3002 of 2011 would also stand disposed of.
(A L DAVE, J.) (MOHINDER PAL, J.) sompura Top