1 11-caw-139-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.139 OF 2011 IN WRIT PETITION NO.7163 OF 2010 M/s. Sahajwani Reality Investments & Others .. Petitioners. V/s. M/s. Family Credit Ltd. & Others .. Respondents. Mr. Ajay Rai i/b. Mr. Manish Dubey, for Petitioners. Mr. Vinod Y. Mishra, for the Respondent No.1. CORAM : RANJIT MORE, J. DATE : 15th MARCH, 2011. P.C.: 1 The application is taken out by the Petitioners for restoration of the Writ Petition. The Petition was dismissed on the ground of failure to file affidavit of service. The learned counsel appearing on behalf of Respondent No.,1 has no objection for restoration of the Writ Petition. So far as Respondent No.2 is 2 11-caw-139-11.sxw concerned, he had not put his appearance in above Writ Petition. Therefore, his presence is not necessary for disposal of the present Civil Application. Respondent Nos.3 and 4 are formal parties. 2 In view of the concession given by Respondent No.1 and for the reasons stated in para numbers 2 and 3 of Civil Application, which I find to be satisfactory, Civil Application is allowed in terms of prayer clause (a). 3 Writ Petition No.7163 of 2010 is restored to file . (RANJIT MOVE,J.) WRIT PETITION NO.7163 OF 2010 1 Office to issue fresh notice to Respondent No.2, returnable after four weeks. 2 In addition to Court notice, advocate for Respondent No.2 shall serve a private notice either by hand delivery or through RPAD/Speed Post/Courier and shall file an affidavit of service before the returnable date. (RANJIT MORE, J.)