[- 1 -] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.749 OF 2006 IN WRIT PETITION NO.1104 OF 1997 Nayankumar Ramchandra Nakhare and Ors. ..Petitioners Vs. Municipal Corporation of Greater Mumbai and Ors. ..Respondents ... Ms.Bina Dholakia counsel for Petitioners Mr.Mahesh Londhe i/b M/s.Sanjay Udeshi & Co. for Respondent Nos.6 and 7 Ms.T.H.Puranik counsel for M.M.C. ... CORAM: DR.S.RADHAKRISHNAN AND CORAM: DR.S.RADHAKRISHNAN AND CORAM: DR.S.RADHAKRISHNAN AND SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. SMT.V.K.TAHILRAMANI,JJ. DATE : DECEMBER 20, 2006 DATE : DECEMBER 20, 2006 DATE : DECEMBER 20, 2006 P.C. P.C. P.C. 1. Mentioned. Not on board. Rule. By consent, Rule is made returnable forthwith. 2. Heard the learned counsel for the Petitioners and the learned counsel for the Respondents. By this Notice of Motion, the Petitioners are seeking to recall of our order dated 16.11.2006 whereby the petition was dismissed for default. We have perused the affidavit in support of Notice of [- 2 -] Motion. For the reasons stated in the affidavit, sufficient cause has been made out. There is no inaction, negligence or want of bonafide. Hence, the petition is restored to file. Rule is made absolute in terms of prayer clause (a). Place the Writ Petition on board for hearing on 22nd January, 2007. [DR.S.RADHAKRISHNAN, J.] [SMT.V.K.TAHILRAMANI,J.]