1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION dgm CAW NO.1699 OF 2008 IN WRIT PETITION NO.2790 OF 2006 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.R.V.Siphimalani for the applicant. Mr.Chandra Naik for respondent no.11. CORAM : R.V. MORE, J. DATED : 08.08.2008 P.C. Heard the learned counsel for the respective parties. This civil application is filed by the petitioner for restoration of the above petition. The writ petition was dismissed for non-prosecution, as well as for failure of petitioner to pay cost of Rs.2500/- as per earlier order dated 8.2.2008 to the respondents-orig. plaintiff. The learned counsel for the 2 petitioner states that a cheque for an amount of Rs.2500/- was drawn. However, it was not accepted by the respondent-plaintiff and, therefore, the same was sent by registered post A.D. This registered letter was also refused by the respondent-plaintiff on 18.6.2008. Subsequently, the cheque was handed over to the Counsel of respondent-plaintiff. However, the said cheque was dishonoured as the petitioner’s account was frozen under the order of the Deputy Registrar of Cooperative Societies on 28.5.2008. The learned counsel for the petitioner makes statement that the amount of Rs.2500/- in cash will be given to the learned counsel for the respondent-plaintiff during the course of the day. In view of above statement and for the reasons sated in the application, Writ Petition 3 No.2790/2006 is restored to file. C.A. is allowed in terms of prayer (a). Office is directed to fix the writ petition for admission in the week commencing from 20.8.2008. [R.V. [R.V. [R.V. MORE,J.] MORE,J.] MORE,J.]