*1* 57.cas.1820.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1820 OF 2010 IN REJECTED CASE NO. 774 OF 2010 IN SECOND APPEAL (STAMP) NO. 21933 OF 2009 Appasaheb Govindrao Tate ..Applicant -Versus- Sou.Vimal Appasaheb Tate ..Respondent .......... Mr.Satyajeet M. Mirajkar for the Applicant. None for the Respondent. .......... CORAM : K.K. TATED, J. DATE : 7TH FEBRUARY 2011. P.C. 1 Heard learned counsel Mr.Satyajeet Mirajkar for the applicant. 2 This civil application is for recalling the conditional order dated 13th January 2010 passed by the learned Registrar (Finance & Budget). The order reads as under : “Two weeks time granted to remove objection(s) and also make a regular application with the necessary court-fee stamps for excuse of delay in removing the objection(s). In the even of failure to do so, the registration of matter shall stand refused without any further reference to the Court.” *2* 57.cas.1820.10 3 The learned counsel appearing on behalf of the applicant submits that his clerk failed to attend the matter and neither the advocate was able to attend when the same is listed before the learned Registrar for removal of office objection. 4 Considering the submission that for want of knowledge, delay on their part to take immediate steps to remove office objection and considering the submission made by the learned counsel appearing on behalf of the applicant and the averments made in paragraph 3 of the civil application, the civil application is allowed in terms of prayer clauses (a), (b) & (d), which reads as under : “(a) This Hon’ble Court may be pleased to set aside the order of the Ld.Registrar, which is annexed and marked as Exhibit “A: to this application and restore the said Second Appeal alongwith two Civil Applications as mentioned hereinabove; (b) Filing of affidavit in support of the present civil application be kindly be dispensed with; (d) The delay of 131 days in filing above civil application may kindly be condoned.” 5 The applicant to remove office objection, if any, within two weeks from today. If the office objection is not removed on or before 21st February 2011, the matter to stand disposed of without further reference to the court. ( K.K. TATED, J.)