1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2669 OF 2008 IN WRIT PETITION NO. 511 OF 1995 DIST.: MUMBAI Babu Ram S/o. Jaswahar Singh ...Applicant Versus Civil Staff Officers Assistant Director of Personnel (S) for Chief of the Naval Staff & Ors. ...Respondents Mr. Bhalwal i/by M/s. Vyas & Bhalwal for the Applicant Mr. Kiran Kandpile, Mr. R.C. Master and Mr. S.C. Pal i/by Mr. H.D. Rathod for Union of India. CORAM: B ILAL NAZKI and J.H. BHATIA , JJ. DATE: DECEMBER 12, 2008 P.C.:- This application has been filed for restoration of a Writ Petition, which has been dismissed for non-payment of Bhatta by an order dated 21st March, 1995. There is a prayer seeking condonation of delay of 4380 days in filing the application. 2 2. The applicant submits that since the petition had been admitted, they were waiting for its final hearing, and, as the matter was not listed for final hearing, an application was made by the applicant on 24th February, 2006 for expediting the hearing. This application was disposed of by the Registry with the following order on 27th April, 2006:- “As W.P. No. 511 of 1995 is already dismissed, this C.A. Will not survive.” Therefore, according to the applicant, he came to know, for the first time, that his Writ Petition had been dismissed on 27th April, 2006. 3. There is contradictory assertion in paragraph 8, where the applicant has already referred to some Civil Application, which had been disposed of by the Registry on 29th December, 2003, and the Registry had passed the following order:- “In this connection it is submitted that the Writ Petition is already dismissed on 21st March 1995 and papers and proceedings are lying in record section. Since this Writ Petition is already dismissed, the Civil Application bearing No. 11123 of 1998, which is filed for placing the Writ Petition for final hearing and disposal became infructuous.” 4. Even if it is accepted that the applicant did not have 3 knowledge that the Writ Petition had been dismissed on 21st March, 1995, even then, he had got information in December, 2003; and even if there was any confusion earlier, there is no confusion that he knew on 27th April, 2006 that his Writ Petition had been dismissed. From 29th December, 2003, he took more than 5 years to file this Civil Application, and from 27th April, 2006, he took another one year to file this application. No reasons have been given explaining this delay. 5. Obviously, this application is misconceived, and the delay of more than 4000 days in filing the application cannot be condoned. The Civil Application is dismissed. BILAL NAZKI, J. J.H. BHATIA, J.