FARAD CONTINUATION SHEET No. MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.4542 OF 2008 IN CIVIL ALPPLICATION STAMP NO.22634 OF 2004 IN CIVIL APPLICATION NO.4494 OF 2004 IN FIRST APPEAL STAMP NO.22633 OF 2004 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. DATED : 16TH SEPTEMBER, 2008 DATED : 16TH SEPTEMBER, 2008 DATED : 16TH SEPTEMBER, 2008 P.C. P.C. P.C. . By the above Civil Application the Applicant prays for restoration of the Civil Application for condonation of delay being Civil Application No.4494 of 2004 which has been dismissed for non-prosecution on account of the learned Registrar’s order dated 10th June, 2005 for non-payment of Bhatta charges and for condonation of delay in filing the Application. The reasons for the delay are mentioned in paras. 2,3,4 and 5 of the Civil Application. The sum and substance of the case of the applicant is that he was not aware of the Registrar’s order and became aware of the same when the present Advocate was engaged by him and he made enquiry in the matter. 2. For the reasons stated in the Civil Application, the same is allowed in terms of prayer clauses (a) and (b). The Civil Application is accordingly disposed of. Resultantly the Civil Application No.4494 of 2004 and Civil Application No.22634 of 2004 and First Appeal Stamp No.22633 of 2004 are restored to file. 3. The Applicant to pay costs of Rs.2,000/- to be deposited with the Maharashtra Legal Services Authority within a period of four weeks from date. The said costs are a condition precedent. In the event the said costs are not paid the benefit of this order will not enure to the applicants. (R.M. SAVANT, J.) (R.M. SAVANT, J.) (R.M. SAVANT, J.)