1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No. 743/2008 Baby Ramchandra Khangar ..vs.. Chief Executive Officer, Z.P. Nagpur and anr. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order ------------------------------------------------------------------------------------------------------ CORAM:- R. V. MORE, J. DATED :- 1 st February, 2008. 1. Heard Mr. Johrapurkar, Advocate for the applicant. 2. This application is preferred for condonation of delay in filing M.C.A. (Rest.) St. No. 895/2008. The aforesaid M.C.A. is taken out for restoration of Writ Petition St. No. 212/2005, which was dismissed for non removal of office objection. Since, the petitioner's writ petition was dismissed for non removal of office objection before issuing any notice to the respondents, in my opinion, notice to the respondents for the purpose of disposal of this civil application is not necessary. 3. The petitioner by the present civil application seeks condonation of delay of 31 days in filing M.C.A. for restoration. After going through the contents of the application, I am satisfied that the petitioner has sufficiently explained the delay. 2 4. In that view of the matter, civil application is allowed. The delay of 31 days' occurred in filing M.C.A. (restoration) St. No. 895/2008 is condoned. The civil application stands disposed of accordingly. Misc. Civil Application (Restoration) No. 895/2008 1. Heard. 2. The application is taken out for restoration of Writ Petition St. No. 212/2005. The writ petition was initially dismissed for non removal of office objection and the petitioner, thereafter, preferred M.C.A. St. No. 11588/2005 for restoration of the aforesaid writ petition. This Court by order dated 19.10.2006 restored the petition on the basis of statement made by the petitioner's counsel that the objection shall be removed within a period of four weeks. It was made clear that failure to remove office objection within a period of four weeks will result in dismissal of the petition automatically without further reference to the Court. 3. The petitioner failed to comply with the aforesaid order dated 19.10.2006 as he failed to remove the office objection and, 3 therefore, the Registry refused the registration of the aforesaid writ petition for non removal of office objection by order dated 16.11.2006. The petitioner, in view of the above order was constrained to file the present civil application. Mr. Johrapurkar, learned counsel for the petitioner, makes solemn statement that the he will remove office objection within a period of three weeks. 4. In view of the undertaking and for the reasons stated in the application, the Writ Petition Stamp No. 212/2005 is restored to file subject to payment of cost of Rs. 500/- to be paid to High Court Legal Services Sub Committee within a period of three weeks. 5. The Misc. Civil Application stands disposed of accordingly. JUDGE kahale