1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.741/2011 IN MISC. CIVIL APPLICATION ST. NO.8350/2011 IN WRIT PETITION NO.2309 OF 2001 (Maharashtra State Electricity Board vs. Smt. Chandrakalekha wd/o Vistari Kamble and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri R.E. Moharir, Advocate for the applicant/ petitioner. Shri M.V. Mohokar, Advocate for the respondents. --------- CORAM : R.M. SAVANT, J. DATED : AUGUST 8 , 2011 By the above civil application, the applicant/petitioner seeks condonation of delay of two years and 237 days in filing application for restoration of writ petition, which was dismissed for non-prosecution on 7/8/2009. The reason why the delay has occasioned is mentioned in the civil application. It is the case of the applicant/petitioner that it was unaware of the petition being dismissed for default on 7/8/2009 and only when the respondents moved an application for 2 withdrawal of the amount deposited by the petitioner that it became aware of the said order dated 7/8/2009. In my view, considering the said reason, case for condonation of delay has been made out. The learned Counsel for the respondents fairly submits to the order of the Court. The civil application is, therefore, allowed. Resultantly, delay of two years and 237 days in filing application for restoration of the writ petition stands condoned. The civil application is accordingly disposed of. The applicant/petitioner to pay costs of rupees one thousand to the respondents within two weeks from date. MISC. CIVIL APPLICATION ST. NO. 8350/2011 By the above miscellaneous civil application, the applicant/petitioner seeks restoration of the writ petition, which was dismissed for non- prosecution on 7/8/2009. By an order passed today, delay in filing the above application has already been condoned. 3 The above miscellaneous civil application is required to be allowed and is accordingly allowed. Resultantly, Writ Petition No. 2309/2001 is restored to file. List Civil Application No.842/2011 for orders on 12/8/2011. JUDGE khj