Mpt CAF No.413/11 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.413 of 2011 IN FIRST APPEAL NO.1776 of 2007 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.N.R.Prajapati for the applicant. CORAM : D.G. KARNIK, J DATE : 11th February 2011 P.C. : 1. This is an application for condonation of delay in making of an application for restoration and for restoration of the appeal which has been dismissed for non compliance of a conditional order. 2. First Appeal No.1776/07 was filed on 19 October 2007. However, bhatta was not paid and a copy of appeal memo was not supplied for service on the respondents. By a conditional order dated 24 June 2008 the Registrar (Judicial), by way of a last chance, granted two weeks time for removal of the office objection i.e. payment of bhatta and supplying of a copy. As the conditional order was not complied, the appeal stood dismissed at the end of two weeks by reason of the self operative order dated 24 June 2008. The present application for setting aside that order has been filed on 7 January 2011 i.e after lapse of 2 years and 5 months. The delay is gross and is not satisfactorily explained. It is stated that due to oversight mistake of the clerk of the advocate he could not trace the matter in time and could not take the action for payment of bhatta. That may be a ground for setting aside of the order of dismissal if the application for setting it aside was made within the period of limitation. But there is a delay of more than two years in making of the application and that delay has not been explained at all. Even the affidavit of the clerk is not filed. Consequently, delay cannot be condoned and the application is rejected as barred by limitation. (D.G. KARNIK, J.)