1. Present applicant had filed Misc. Civil Application (stamp) No.1313 of 2010.
2. It is claimed that the said Misc. Civil Application (stamp) No.1313 of 2010 was filed with a request to take action under the Contempt of Court Act against the opponents in view of the details and reasons mentioned in the application.
3. It appears that the applicant failed to remove the office objections within time allowed by the Court and that therefore vide order dated 19.7.2010 the said Misc. Civil Application (stamp) No.1313 of 2010 was dismissed for non-prosecution.
4. Subsequently the applicant preferred another Misc. Civil Application (stamp) No.3168 of 2010 requesting the Court to recall the said order dated 19.7.2010 passed in Misc. Civil Application (stamp) No.1313 of 2010. However, the said Misc. Civil Application (stamp) No.3168 of 2010 was filed belatedly. The applicant until now allowed the said application to remain pending.
5. Now, after having realized that delay has occurred in filing the said Misc. Civil Application (stamp) No.3168 of 2010, the applicant has filed present application requesting the Court to condone the delay in preferring the said Misc. Civil Application (stamp) No.3168 of 2010.
6. Heard Mr. Dalal, leaned advocate for the applicant.
7. Having regard to the submissions made by the learned advocate for the applicant and the details mentioned in the application, the relief prayed for in paragraph No.10(A) and 10(B) is granted. The delay of 124 days caused in filing said Misc. Civil Application (stamp) No.3168 of 2010 is condoned.
With the aforesaid clarifications the civil application is disposed of.
(K.M.THAKER,J.) Suresh* Top