1 caw-2666-10 in wp-356-03.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2666 OF 2010 IN WRIT PETITION NO.356 OF 2003 Sai Prasad Commercial Premises Society ..Applicant v/s. Kaushik Shivnath Yadav & Anr. ..Respondents Mr. D.S.Padwal for the Applicant Mr. Parag Sharma for the Respondents CORAM:- B.R. GAVAI, J DATED :- 1st MARCH, 2011. P.C. 1 This civil application is for restoration of the Petition which came to be dismissed for default. 2 The Learned Counsel for the Respondents vehemently opposes the application. It is submitted that the Petitioner has been consistently showing negligence in not proceeding with the Petition as also the present Civil Application. 3 The contention of the Learned Counsel for the Respondents appears to be correct in as much as not only the Petition is dismissed for 2 caw-2666-10 in wp-356-03.sxw default but even the present application on earlier occasion was dismissed for default, but later on it is restored at the oral request of the Learned Counsel for the Petitioner. However, in the interest of justice, the Civil application is allowed, subject to costs quantified at Rs.2000/-. The cost be paid to the Respondents within a period of two weeks from today. 3 The Civil Application is accordingly disposed of. (B.R. GAVAI, J)