1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO. 435 OF 2011. IN MISC. CIVIL APPLICATION NO. 438 OF 2009 (D) Sau. Manisha Mendre and Another. .Vrs.. Sanjay Mendre. ---------------------------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Mr. S. M. Pande, Advocate for the applicants.) -0-0- CORAM : R. K. DESHPANDE,J. DATED : 26TH September, 2011. This is an application for restoration of Miscellaneous Civil Application vide M.C.A. No. 438 of 2009, which was dismissed, as per the conditional order dated 17th February, 2011, passed by this Court. Notice of this application was issued to the respondent-non-applicant on 02nd.May, 2011. The office endorsement shows that the respondent has refused to accept the same. Hence, the service is hold to be good. After going through the contents of the Miscellaneous Civil Application which remains un- controverted and after going through the same, I find that the case is made out for restoration. 2 Hence the application is allowed. Misc. Civil Application No. 438 of 2009 is restored along with all orders, which were operating. Issue notice of M.C.A. No.438/2009, returnable on 22.11.2011. The applicants- petitioners, to serve the notice to the non- applicant-respondent by way of Registered Post Acknowledgment Due, in addition to service made upon him. Hence, put up this matter after six weeks' i.e. on 22.11.2011. JUDGE Deshmukh