1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO. 371 OF 2010 IN MISCELLANEOUS CIVIL APPLICATION (REST)(ST) NO. 2166 OF 2010 IN WRIT PETITION NO. 295 OF 2005 (DECIDED) (M/s. N.J. Construction .v. Labour Regional Commissioner and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri R.N. Sen, Advocate for the applicant/petitioner. Smt. A. Joshi, Advocate for the respondent Nos.1 and 3. Shri K.S. Dhote, AGP for the respondent No.2. CORAM : PRASANNA B. VARALE, J. 29TH MARCH, 2010. Heard. By the present application, the applicant is seeking condonation of delay of 37 months which occurred in filing the application. Learned Counsel for the applicant submits that as he wanted to attend Durga Pooja at Kolkata, he had filed leave note for the period from 25.09.2006 to 30.09.2006. The matter was listed before the Court on 29.09.2006 and the same was dismissed in default due to the absence of counsel. He further submitted that the petitioner is a small contractor and the petitioner is hopeful about succeeding in the petition. Learned Counsel for the respondent vehemently opposed the application. In view of the submissions made by the learned Counsel for the applicant and for the reasons stated in the application treating to be good and sufficient, the delay is condoned on the condition of depositing the costs of Rs.3000/- with the Secretary, High Court Legal Services Sub Committee, Nagpur within a period of three weeks from today. 2 Civil Application is allowed. MCA (RESTO)(ST) NO. 2166/2010 Heard. For the reasons stated in the application, the same is allowed. Writ Petition NO. 295 of 2005 is restored to its file. JUDGE *rrg.