1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : N A G P U R. CIVIL APPLICATION NO. 3491 OF 2008 Bhagwantrao Shrirampant Sawarkar  VERSUS - Ministerial Services Co-op. Hsg. Society Ltd. & ors. ..... Mr.Pradeep Marpakwar Advocate for the Applicant. Mr. K.R. Lambat Advocate for Respondents. .,... CORAM : A.B. CHAUDHARI, J. DATED : 04.08.2008. COURT'S ORDER : This is an application for condonation of delay in filing an application for restoration of contempt petition. For the reasons stated in the application, delay is condoned. C.A. 3491/08 stands disposed of. M.C.A. St.No. 4719/08 This is an application for restoration of 2 contempt petition that was dismissed in default by this Court. In support of the submission that the contempt petition which has been dismissed cannot be restored, following decisions were cited before me - (i) Damodar Sadashiv Agre v. K.K. Prasad & ors. - 2006(2) Mh.L.J. 256 (ii) Panjabrao Sadashiorao Wankhede v. Rajeev Agrawal - 2004(2) Mh.L.J. 1047. These decisions are rendered by Single Bench. There is another Single Bench decision in the case of Zynab Hadari v. State of Mah. 2004(4) Bom. C.R. (O.S) 874 : 2004(3) Mh.L.J. 275 holding that the application for restoration of contempt petition is maintainable, which is contrary view to the above two decisions. But now the Division Bench of this Court in Rajaram Waman Masurkar v. Lokmanya Shikshan Prasarak Mandal, Vadavali & ors. - 2008(1) Bom.C.R. 422 has in para 31 over-ruled the decisions in Panjabrao and Damodar's case and upheld the decision in 3 the case of Zynab Hydari. In view of the Division Bench decision of this Court, which has binding effect on this Court, this M.C.A. with a prayer for restoration of contempt petition is allowed. Contempt Petition No.238/03 is restored to file. JUDGE /TA/