skt/- 1 10.caw.1844.09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1844 OF 2009 IN WRIT PETITION NO. 8252 OF 2006 Ashok Bhagwan Baravkar & Anr. ... Applicants/ Petitioners Vs. Special Recovery Officer & Ors. ... Respondents ...... Mr.M.B.Gawade for the applicants/petitioners. Mrs.Madhuri Gaikwad i/by Mr.K.V.Tembe for respondent no.1 & 3; Mr.R.M.Patne, AGP for respondent no.2; Mr.A.B.Desai h/f. Mr.N.P.Deshpande for respondent nos. 5 to 7; Mr.Sandeep Salunkhe for respondent nos. 8 & 12. ...... CORAM : R.C.CHAVAN, J. DATE : 29th APRIL, 2010. P.C. 1. This is an application for restoration of petition dismissed in default on 10th April 2007. Mrs. Madhuri Gaikwad h/f. Mr.K.V.Tembe for respondent nos.1 & 3, Mr.A.B.Desai h/f. Mr.P.N.Deshpande for respondent nos. 5 to 7, Mr.Sandeep Salunkhe for respondent nos. 8 & 12 as well as Mr. R.M.Patne, learned AGP for respondent no. 2 have a serious objection to restoration of the petition. In fact, the counsel for respondent skt/- 2 10.caw.1844.09.sxw nos. 1 & 3 vehemently opposed restoration of the petition. She also pointed out that respondent nos. 9, 10, 11, 13 & 14 are yet to be served. As rightly pointed out by the learned counsel for the petitioner, respondent nos. 9, 10, 11, 13 & 14 had not been served even when the petition was dismissed. Therefore, their presence is not material. Though the learned counsel for respondents may be right in submitting that the petitioners should not be negligent in failing to prosecute the petition on the day when it came up, for the reasons mentioned in the application, the application is allowed subject to applicant’s depositing a sum of Rs.1,000/- with the High Court Legal Aid Committee within a period of one week. [ R.C.CHAVAN, J. ]