K.M. Thaker, J. - (1.) IN present application the applicant has prayed for below mentioned relief: 16(C) Please to condone delay of 475 days and to restore the above said Special Civil Application No.1925of 2011 which was dismissed on 9.3.2011 and may be disposed of on merits. (D) Hon'ble Court has permitted with a liberty to file fresh petition in connection with same cause of action for which the petition is filed. It is necessary to note that after the above referred application No.1125 of 2012 another application seeking similar relief was preferred by the applicant in Misc. Civil Application (for restoration) No.1553 of 2012.
(2.) SO as to appreciate the relief prayed for by the applicant in present application and the above referred previous application, it is necessary to refer to the relief prayed for by present applicant in his aforesaid previous application being Misc. Civil Application (for restoration) No.1553 of 2012. In para No.11 of the said application the petitioner had prayed for below mentioned relief: 11(a) Please to condone delay of 401 days and to restore the above said Special Civil Application No.1925of 2011 which was dismissed on 9.3.2011 and may be disposed of on merits. (b) Hon'ble Court has permitted with a liberty to file fresh petition in connection with same cause of action for which the petition is filed. The said application came to be disposed of by order dated 27.06.2012. After the said order dated 27.06.2012 the applicant took out present application.
(3.) BEFORE present application the applicant had also taken out another Misc. Civil Application i.e. Misc. Civil Application (for restoration) No.1125 of 2012. In the said M.C.A. No.1125 of 2012 below mentioned order was passed on 26.04.2012: 1. Learned Advocate for petitioner has requested for permission to withdraw the present application and petition with a liberty to file fresh petition in connection with the same cause of action for which the petition being Special Civil Application No.1925 of 2011 was filed. The petition came to be dismissed for non -prosecution because the office objections were not removed within specified time limit. 2. Present application has been taken out with are quest to condone delay of 371 days caused in filing M.C.A. Seeking recall of the order dated 9th March 2011 passed in Special Civil Application No.1925 of 2011. 3. Having regard to the request made by learned Advocate for the petitioner and considering the facts and circumstances of the case and considering that the petitioner may not be unsuited or rendered remedy less the request made by learned Advocate is accepted. 4. The applicant - petitioner is permitted to withdraw the application and petition at this stage, however with a liberty to file fresh petition for the same cause and for same relief as was prayed in petition being Special Civil Application No.1925 of 2011 which came to be dismissed for non -prosecution on account onion -removal of office objections. It is clarified that the application of delay in seeking remedy will be considered by the Court, at relevant time if fresh petition is preferred (pursuant to this order).Application as well as petition stand disposed of.;