1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.1378 OF 2010 AND CIVIL APPLICATION NO.1379 OF 2010 IN FIRST APPEAL NO.540 OF 2009 (Mr.Koilpillai Anthony Raj V/s.The Union of India.) _____________________________________________________________ Office Notes, Office Memoranda of Coram Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders. Mr.Jacob David for the Applicants. Mr.Manoj Chatage i/by Mr.T.J.Pandian for Respondent. CORAM : R.G.KETKAR, J. DATE : 15th June, 2010 P.C.: 1. These applications are for recalling of the order dated 23rd April, 2009 passed in First Appeal No.540 of 2009 and for condoning the delay of 255 days caused in filing the application for setting aside the order of dismissal of appeal. The above applications were on board on 9th April, 2009 and at the request of Respondents Civil Applications were adjourned to 23rd April, 2010. Again on 23rd April, 2010 at the request of the Respondents, both the applications were adjourned to 15th June, 2010 i.e.today for enabling the Respondents to file reply opposing the applications. No reply is filed opposing the applications. 2. For the reasons set out in the applications, 2 I am satisfied that the applicant has sufficiently explained the delay, and to meet the ends of justice, the order dated 23rd April, 2009 is required to be recalled and the First Appeal is required to be restored. 3. Hence, delay is condoned. Civil Application No.1379/2010 is allowed in terms of prayer clause (a). 4. First Appeal No.540/2009 is restored to file. Civil Application No.1378/2010 is allowed in terms of prayer clauses (a) and (b). 5. Both the Civil Applications stand disposed of, with no orders as to costs. (R.G.Ketkar, J.)