1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.252 OF 2009 IN PUBLIC INTEREST LITIGATION NO.98 OF 2008 Manoranjan S,. Roy & Ors. ..Petitioners. V/s. Union of India & Ors. ..Respondents. Mr. Anand S. Jondhale i/b. i/b. Johdnale & Co. for petitioners. Mrs. S.V. Bharucha for respondent No.1. Mr. Onkar Chandorkar i/b. Mulla & Mulla & C.B. & C. for respondent No.5. CORAM : DR. D.Y.CHANDRACHUD AND J.P.DEVADHAR, JJ. DATED : 10TH JUNE, 2010 P.C. :- 1. The petition was filed by five petitioners in person. The first petitioner claims to represent petitioner Nos.2 to 5 as a Constituted Attorney. The petition was disposed of as withdrawn on 25 March, 2009 and while doing so, the Division Bench recorded that the first petitioner who appeared in person prayed for leave to withdraw the petition, after perusing the affidavit in reply filed by respondents. The petitioners were permitted to approach the respondents, if they had any objections. 2. The motion has been taken out for restoration of the petition. In the affidavit in support of the Motion, it has been stated 2 that the first petitioner did not pray for leave to withdraw the petition and that the order of the Court may have been passed since he is not well versed in English and was unable to follow the proceedings. The petitioners are now being represented by Counsel who has stated before the Court that all the respondents have been served with the Notice of Motion. Counsel undertakes to file an affidavit of service within a period of one week from today. In view of the statements, which have been made in the affidavit in support of the Notice of Motion and particularly since the first petitioner was appearing in person, we are of the view that the ends of justice would require that an opportunity should be given to the petitioners to pursue the petition on merits. There is no reason for this Court to disbelieve the explanation of the petitioners tendered in the affidavit in support of the Motion. 3. In the circumstances, the Notice of Motion is made absolute in terms of prayer clause (a). Prayer clause (b) is not pressed by counsel appearing on behalf of the petitioners. 4. The Motion is accordingly disposed of. The Registry is directed to place the petition for admission before the appropriate Bench in accordance with the roster of work. (J.P.DEVADHAR, J.) (DR. D.Y.CHANDRACHUD, J.)