1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.O.NO.373/2010 & M.C.A.ST.NO.1583/2010 IN W.P.NO. 4/2001. Giridhar Bhagwat Humne -: VERSUS :- The Management of Bank of Maharashtra and another. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : SEPTEMBER 09, 2010. Heard Shri S.S. Meshram, learned counsel for applicant/petitioner and Shri A.R. Patil, learned Counsel for respondent no.1, on both the applications. There is delay of about 1 year and 147 days in filing Misc. Civil Application for restoration of Writ Petition No.4/2001, which came to be dismissed on 01.08.2008. Shri Meshram, learned counsel states that he did not receive the cause list and hence he was not aware of listing of matter. He further states that some documents were also to be filed and amendment to writ petition was necessary and the said documents were not received by them. 2 Subsequently the documents have been received. Shri Patil, learned Counsel is strongly opposing the prayer for condonation of delay. He states that on last occasion time was taken to produce medical certificate on record. I have perused paragraph nos. 4 and 5, the same read as under : “4. Therefore, the applicant and counsel remained busy to take certified copies of Industrial Court and hence they have no knowledge the said matter was listed before this Hon'ble Court on 28.7.2008, 29.7.2008, 1.8.2008 before this Hon'ble Court and no cause list taken place in the hands of counsel and the applicant, hence no counsel and applicant remained appear on the 28.07.08, 29.7.08 and 1.8.08 before this Hon'ble Court ultimatum on 01.8/08 the said writ petition dismissed by this Hon'ble Court Justice Chavhan. 5. That the applicant and his counsel thereafter remained in illness from 20.9.08 to 29.12.09, therefore not find out the position of instant case. Thereafter on 30.12.09 became good from health and traced out the case as dismissed on 1.8.08.” 3 In view of the position emerging from record, as I do not find any malafides, the delay is condoned and the application for restoration is also allowed. Writ Petition No.4/2001 is restored back to file. The applicant/petitioner shall file necessary application for amendment by 27.09.2010 by giving advance copy thereof to respondents. Civil Application and Misc. Civil Application is allowed. List the Writ Petition for final hearing in week commencing from 04.10.2010. JUDGE Rgd.