2502wp380.11.odt 1/1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 380 OF 2011 (Smt. Putal w/o Gautam Bannerjee Vs. Alok Vishwanath Chatterjee) --------------- - ---------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - ---------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ---------------------------- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S. D. Deshpande, Advocate for the petitioner. CORAM : SMT. VASANTI A. NAIK, J. DATE : FEBRUARY 25, 2011. By this petition, the petitioner challenges the order passed by the first appellate Court on 25/8/2010 rejecting the application filed by the petitioner for condonation of delay in filing application under Order 41 rule 18 of the Civil Procedure Code to restore Misc. Civil Application No. 583 of 2001, which was dismissed for want of prosecution, in absence of the petitioner. On hearing the learned Counsel for the petitioner and on perusal of the impugned order dated 25/8/2010, it appears that the first appellate Court did not commit any error in rejecting the application as the first appellate Court rightly came to a conclusion that the petitioner did not show due diligence in prosecuting the matter before the Court. The first appellate Court has rightly held that there was absence of sufficient cause for not prosecuting the application for restoration within the prescribed period of limitation. The delay, according to the first appellate Court, was not bonafide and reasonable and the first appellate Court, therefore, rightly did not condone the delay. Since, the writ petition is devoid of merit, the same is dismissed. No order as to costs. JUDGE wwl