1 CA 1868/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICTION NO. 1868 OF 2010 IN WRIT PETITION NO. 6312 OF 1997 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Hiren Mehta i/b S.N. Gupta & Co. for the petitioner. CORAM : D.G. KARNIK, J. DATE : 28TH JULY 2010 P.C. : 1. By this application, the petitioner seeks recall of the order of dismissal of the petition by reason of non-compliance of self-operative order dated 4 March 2010. 2. In the writ petition which was filed in the year 1997, the petitioner did not take steps for effecting service on the respondent no.3. 2 CA 1868/10 Therefore, by an order dated 4 March 2010 the Court directed the petitioner to take steps for effecting service on respondent no.3 within 6 weeks, failing which the petition would stand dismissed. The petitioner did not take steps within 6 weeks. The petition therefore stood dismissed by reason of the self-operative order dated 4 March 2010. 3. Learned counsel for the petitioner orally submitted that the previous advocate did not inform the petitioner that steps were required to be taken within 6 weeks and, therefore, steps could not be taken. The oral submission is contrary to what is stated in paragraph 6 of the application in which it is stated that “meanwhile his earlier advocate returned the papers of the petition and said order of His Lordship Mr. Justice A.S. Oka dated 4.3.2010 was left to be complied with”. Only a vague expression “meanwhile” is used in the application without giving any details when the 3 CA 1868/10 previous advocate withdrew himself and returned the paper and what steps were taken by the petitioner thereafter. 4. The writ petition is of the year 1997, i.e. more than 13 years old. If appropriate steps were not taken by the petitioner even after 13 years, no leniency can be shown. Civil application is rejected. (D.G. KARNIK, J.)