1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.68 OF 2009 IN C.P.NO.54 OF 2008 M/s. Adukia and Sons Pvt. Ltd. ..Applicant. Vs. The State of Maharashtra and ors. ..Respondents. CORAM : R.S. MOHITE, J. DATE : 16/10/2009 PC : 1 Heard Advocate for the applicant. 2. This application is filed for recall of my order dated 31.7.2009 and for restoration of the contempt petition to file. Respondents are served but none appears. It is the contention of the Advocate for the applicant that the applicant had communicated to him that the dispute has been settled and in such circumstances, praecipe was filed for withdrawal of the contempt petition and on the filing of such praecipe on 31.7.2009, order came to be passed allowing the 2 petitioner to withdraw the contempt petition. According to the Advocate for the applicant, his client later on informed him that the dispute which was settled pertained to the arbitration proceeding between the shareholders. It is stated in the application that in such circumstances, praecipe was filed under misconception that the dispute in the contempt petition has been settled. This being the position, since none appears for the respondents and no reply is filed . In my view, my order dated 31.7.2009 can be recalled and is recalled. However, since none appears for the respondents, a fresh notice before admission to the respondents will be issued in the contempt petition to enable them to appear and file their say. Civil application is accordingly disposed off. ( R.S.MOHITE, J. )