Mr. Lalji Gopal Parmar And Othrs v. Union Of India Through The General Manager,

(37) CAF 3743-16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk CIVIL APPLICATION NO. 3743 OF 2016 IN FIRST APPEAL NO. 1245 OF 2012 Lalji Gopal Parmar & Ors.

.. Appellant/Applicants Vs.

Union of India .. Respondent Mr. Kuldip Singh for the Appellant/Applicants. CORAM : DR. SHALINI PHANSALKAR-JOSHI, J.

DATE : 26 th AUGUST, 2016.

P. C. :

1.

This is an application seeking restoration of Civil Application by condoning the delay of 4 years 303 days. It is submitted that, as per the order passed by this Court on 06.05.2010, the applicants were directed to pay Bhatta charges for service of notice on respondent. The applicants, due to poverty, could not do the same and hence, the application came to be dismissed in view of the conditional order. 2.

The affidavit of service is filed by the learned counsel for the applicants stating therein that the copy of this application was duly served on the respondent. However, today none present. 3.

In view thereof, in the larger interest to achieve the substantial cause of justice, this application is allowed. The delay in preferring the 1/2

(37) CAF 3743-16 restoration application is condoned. The application is restored to its original file. The applicants are directed to pay the Bhatta charges for service of notice on respondent within two weeks. On Bhatta being paid, notice be issued to the respondent returnable thereafter four weeks. 4.

S. O. to 10.10.2016.

[DR. SHALINI PHANSALKAR-JOSHI, J.] 2/2