1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1285 OF 2010 IN WRIT PETITION NO.161 of 2009 The Deputy Director and Member Secretary and Ors. .... Applicants V/s. Shrishail Shankar Koli ..... Respondent Mrs.S.S.Bhende, AGP, for applicant Nos.1 to 3. Mr.M.M.Patil h/f Smt.Smita Kadu­Gawai, for the respondent. CORAM :P.B.MAJMUDAR & R.G.KETKAR, JJ. DATE : 29th APRIL, 2010 P.C. 1. By way of this civil application, it is prayed that the order passed by this Court on April 19, 2010, by which State is directed to pay cost of Rs.3,000/­ may be recalled. Learned AGP for the applicant­State submitted that because of lack of communication to the concerned Department, the relevant file could not be made available before this Court. She states that today the file is available for the perusal of the Court. Detailed reasons have been given in the civil application in this behalf. It is submitted by the learned AGP that there was no intention on the part of the State not to keep the record present, but because of error in the departmental communication, the concerned officer could not remain 2 present with the file. AGP submitted that today, Senior Research Officer of the Department is present, and there was no deliberate lapse on the part of the State and the order awarding cost of Rs.3,000/­ may therefore, be recalled. 2. After hearing the learned AGP in this behalf, we are of the opinion that the impugned order is required to be recalled in view of the submissions of the learned AGP. Accordingly, order by which cost of Rs. 3,000/­ is imposed on the State by our order dated April, 19, 2010 is recalled. Learned AGP assured the Court that record/file will be kept present as and when the matter is placed for admission. 3. Civil application is allowed to the aforesaid extent. 4. At the request of learned counsel appearing for the petitioner, writ petition is adjourned to 23­06­2010. ( R.G.KETKAR, J. ) ( P.B.MAJMUDAR, J. )