1. By way of this application, the applicant has prayed for restoration of the main matter i.e. Special Civil Application No.6187 of 2011 which was dismissed for want of non-prosecution. The applicant has also prayed for condonation of delay of 170/180 days.
2. Mr.
Niraj Sharma, learned AGP appears for opponent No.1 and Mr. H.S. Munshaw, learned advocate appears for respondent No.2. Both the learned advocates for the respective opponents have no objection if the delay is condoned and the matter is restored.
3. Mr.
Saiyed, learned advocate for the applicant makes a statement that all the office objections shall be removed on or before 21.2.2012 and prays that on such undertaking, the matter may be restored.
4. In view of the assurance given by Mr. Saiyed, learned advocate for the applicant, the application deserves consideration. Accordingly, the application is allowed on condition that the office objections, if any, shall be removed on or before 21.2.2012.
5. Rule is made absolute in the aforesaid terms with no order as to costs.
[R.M.CHHAYA, J.] mrpandya Top