Learned advocate Shri Thakore appearing for the applicant submits that the delay occurred in filing this application be condoned and in case if the main matter is restored, the objections will be removed within a period of one week from today.
The matter came to be dismissed for default by an order dated 23.11.2004 but the application for restoration was filed in the year 2005 and matter was not placed on board. Be that as it may.
The Court is of the view that the applicant has made out sufficient cause for restoring the matter. Hence, the order dismissing the matter for default dated 23.11.2004 is recalled. The main matter is restored to file on a condition of removing the office objections, if any, within a period of one week from today i.e latest by 3.2.2012. It is to be noted that if the office objections are not removed by then, the main matter shall be dismissed for default without it being referring to the court. Misc. Civil Application is disposed of. No costs.
(S.R.BRAHMBHATT, J.) pallav Top