spb/- 1 ca803-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIIL APPLICATION NO. 803 OF 2009 IN FIRST APPEAL (ST.) NO. 2525 OF 2009 The Karnataka State Road Transport Corporation ... Applicant. Vs. Shilpa P. Kshirsagar & Ors. ... Respondents. ­­­ Mr. C.M. Lokesh for the Applicant. Mr. P.B. Gujar for the Respondent Nos. 1 & 2. Mr. Ranjan Tripathi i/by S.M.Vidyarthi for Respondent No.6. ­­­­­ CORAM : D. G. KARNIK, J. DATE : 07th JANUARY, 2011. P.C. 1 On 10th August, 2010 this court passed following order in this civil application: “Realising that the Application already stands dismissed as against Respondent No.5, request is made that hearing of this Application be deferred by four weeks so as to enable the Applicant to take necessary steps. In the circumstances, stand over to 7th September, 2010”. 2 Thereafter, in other civil application no. 3384 of 2010 the order of dismissal against the respondent no.5 was set aside and the spb/- 2 ca803-09.sxw applicant/appellant was directed to serve the respondent no.5 by a public notice which was made returnable on 7th January, 2011. 3 Till today, the applicant/appellant has not served the respondent no.5 by public notice. The learned counsel for the applicant/appellant seeks time to take steps against respondent no.5 as according to him the charges of the publication of the notice are very high. In any event that cannot be a ground for not taking steps for service on the respondent no.5. The request is rejected. The civil application against respondent no. 5 stands dismissed under Order 9 Rule 5 of the Code of Civil Procedure. 4 Since the civil application is for condonation of delay, the Award has become final qua the respondent no.5 and the delay cannot be condoned only against the remaining respondents. Hence, the whole of the civil application stands dismissed. [D.G. KARNIK, J.]