1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5861 OF 2007 in FIRST APPEAL (ST) 7368 OF 1995 Smt.Janabai Dilip Kale .... Applicant Vs. TATA Engg. & Locomotive Co. Ltd. .... Respondents & Ors. Mr. R.S. Kate,Advocate for Applicant. None for respondent. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 19th November, 2008 P.C. 1. This Civil Application is for recalling the order dated 23rd September,1996 and for restoration of the First Appeal. The Appeal was dismissed for non removal of office objection. The objection was that though there was delay of 9 days in filing the First Appeal, the same was not accompanied by Civil Application for condonation of delay. 2. The present Civil Application was filed on 22nd April,1999 i.e. after the delay of 2 years and 168 days. The explanation for the delay is stated at paragraph no.3 of the application. The applicant is the woman from rural area. She had handed over all the papers along 2 with Vakalatnama to her Advocate, Shri V.S. Unde who had in turn handed over all the papers to Advocate practising this Court. Since the applicant was not in direct contact with her Advocate appearing in the Appeal, she was not aware of the progress in the matter. Though there has been substantial delay in filing the present Civil Application, since the applicant being woman from rural area and not in direct contact with her Advocate, I am inclined to condone the delay. The Civil Application is allowed. The First Appeal is restored to file. Mr. Kate, learned Advocate for the applicant states that as the Civil Application for condonation of delay has already been filed on 11th March, 2003. The Civil Application be placed on board on 26th November,2008. (SMT. R.P. SONDURBALDOTA,J)