1 14 caf.2958.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2958 OF 2010 IN FIRST APPEAL (stamp) NO. 14437 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Ms. Kiran Bhagalia i/b Ms. Asha Bhambwani for the Applicant. Mr. Sanskar Mhatre for Respondent Nos.1 and 2. Mr. A.R.Patil, AGP for Respondent No.3. CORAM : A.S.OKA, J. DATE : 08 th March, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent Nos.1 and 2. 2 The application for condonation of delay filed by the Applicant has been dismissed on account of non­ compliance with the conditional order dated 12 th January, 2006. The learned counsel appearing for the Applicant has produced for perusal of the Court the postal acknowledgments of the private notice served to Respondent Nos.1 and 2. The postal acknowledgments 2 14 caf.2958.10 show that private notice of the delay condonation was served on 18 th March, 2006. Under the conditional order, time of 10 weeks was granted for effecting the service. Thus, within the time stipulated under the conditional order, service of notice was completed. 3 Hence, a case is made out for restoration. The learned counsel appearing for the Applicant stated that the Applicant has deposited 50% of the compensation amount. 4 In view of the statement, the application is allowed in terms of prayer clauses (a) and (b). Relief in terms of prayer clause (c) is granted till the date on which the application for condonation of delay is heard. [ A.S.OKA, J ]