1 CA-1018-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1018 OF 2010 WITH CIVIL APPLICATION (ST) NO. 28751 OF 2009 IN APPEAL FROM ORDER NO. 1022 OF 2005 Anil Aaurunath Malbari .. Applicant Vs. Mesrs Kamal Motors & Anr. .. Respondents Ms. Geeta Yada i/b. Ms. S.S.Dwivedi, Advocates, for the applicant. CORAM: J.H.BHATIA,J. DATE : 1st October 2010. P.C. 1. Heard the learned Counsel for the applicant. 2. The applicant had filed Misc. Application before the Additional District Judge, Thane under the Contempt of Courts Act. That application was rejected on 31.8.2005. Against that, the applicant filed A.O. No.1022/2005. That was dismissed in default on 18.3.2006 on the ground that none had appeared for the applicant on that day and also on the previous date nor the respondent No.1 was served inspite of repeated opportunities. After a period of 3 years and 8 months, this application is moved for condonation of delay and C.A. St. No.28751 2 CA-1018-10.sxw of 2009 for setting aside that order and restoring the A.O. It is contended that the said order was not communicated by the Advocate to the applicant. 3. After perusal, I am not satisfied with the reasons for delay. Therefore, the application for condonation of delay stands rejected. In the result, C.A. for restoration of A.O. does not survive and stands rejected. (J.H.BHATIA,J.)