:1: :1: :1: srp. HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 215 OF 2006 CIVIL APPLICATION NO. 215 OF 2006 CIVIL APPLICATION NO. 215 OF 2006 IN WRIT PETITION NO. 3065 OF WRIT PETITION NO. 3065 OF WRIT PETITION NO. 3065 OF 1997. 1997. 1997. Karanja Machhimar V. K. S. Society Ltd & Others. ..Applicants. Versus. State of Maharashtra & Ors. ..Respondents. --- Mr. R. K. Mendadkar for the applicants. Mr. C. R. Sonawane A.G.P. for the Respdt. nos. 1 to 4, 6 & 8 - State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE: April 3, 2009. DATE: April 3, 2009. DATE: April 3, 2009. P.C. P.C. P.C. 1. Heard. This is civil application to set aside the order dated 8th December 2005 whereby the Division Bench has dismissed Writ Petition No. 3065 of 1996 for non prosecution and vacated the interim relief. 2. It appears that though this civil application has been filed in the month of December 2005, i.e., immediately after the dismissal of the writ petition, it was not pursued for a pretty long time. The ground mentioned in the civil application for the restoration of the writ petition is that the counsel was busy in some :2: :2: :2: other Court and therefore he could not attend the matter. That cannot be a valid ground for setting aside the order. Counsel should have made an alternative arrangement for conducting the matter. However, for the sake of justice we are inclined to set aside the order of dismissal and restore the petition, subject to cost of Rs.3,000/- (Rs. Three thousand only.). Cost to be paid in favour of the Kirtikar Law Library, High Court of Bombay, Mumbai within a period of one week. On payment of such cost, the petition stands restored. Since the interim relief was vacated in December 2005 and it was not operative till we restore the petition, we hereby do not restore the interim relief. However, the petitioner is at liberty to make a separate civil application for interim relief, which will be considered independently on merits as on that date. 3. Civil application stands disposed of. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)