1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. MCA NO.612 OF 2007 in WRIT PETITION NO.3069 OF 2003 (D) Dr.Wasudeo Tukaramji Bhise .vs. Abdul Gani Sk.Jumma and ors. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's directions and Registrar's orders. Order. -------------------------------------------------------------------------------------------------------------------------- Coram: C.L.PANGARKAR,J. Dated : 15th JUNE, 2009. Heard Mr.L.A.Mohta, Adv. for the applicant/petitioner. This application has been filed for setting aside the ex parte order and judgment passed by this court on 22/8/2006 in Writ Petition No.3069 of 2003 which was pending before this court for final hearing. On that date neither the petitioner nor his counsel was present when the matter was called out. This court, in the absence of counsel or the petitioner decided the writ petition on merits. Learned counsel for the petitioner submits that the petitioner was not at all heard and matter is of serious nature, in as much as, there has been a breach of orders of injunction passed by the courts below. He submits that in the circumstances 2 the petitioner should have been given an opportunity of being heard. He also submits what the court could have done is dismissed the writ petition for default in the absence but could not have decided the matter on merits without hearing the petitioner. I find substance in the contention of the learned counsel. In the circumstance, order passed by this court on 22/8/2006 is recalled. The petition stands restored to file. JUDGE. chute