1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Writ Petition No. 1073 OF 2009 (M/s New Amravati Oil Industries -: versus :- M.S.E.B. thru its Executive Engineer) 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 : JULY 5, 2010. Heard Mr. A.M.Deshpande, learned counsel for the petitioner and Mr. R.E.Moharir, learned counsel for the respondent. Present writ petition challenges the order dated 25/11/2008, passed in R.M.J.C. No. 117/1999 refusing to restore Special Civil Suit No. 258/1994. Perusal of impugned order reveals that the trial court noticed that the suit was challenging a bill for electricity charges and pending adjudication, electric supply was restored on payment of an amount of Rs. 75,000/-. The petitioner/plaintiff contended that he could not remain present because of hyper tension and high blood pressure and on 07/9/1999, the suit was dismissed in default. In restoration proceedings, present respondent filed an application contending that no steps were taken to serve it from 1999 till 17/12/2005 and while dismissing the suit a condition was imposed upon plaintiff whereby he was directed to deposit suit amount of Rs.3,50,800/- for its restoration. After appreciating these facts, learned Joint 2 Civil Judge, Senior Division, Amravati, rejected the application for restoration upholding preliminary objection of the respondent. It is to be noticed that in the suit filed vide Special Civil Suit No. 57 of 2002, similar condition was modified by this Court and the present petitioner was allowed to file written statement on payment of costs of Rs.10,000/-. This order was pressed into service by present petitioner to urge that condition of deposit of Rs.3,50,800/- was onerous and unsustainable. Learned trial court found that, that condition was in other suit and in different circumstances. Today, learned counsel Mr. Moharir has contended that after dismissal of the suit, there was temporary disconnection of electric supply to the establishment of the petitioner and then it was permanently disconnected. He further submits that as per his instructions, unit of the petitioner is already closed down and hence his cause, if any, in the matter is already extinguished. However, it is pointed out to this Court that the proceedings in Special Civil Suit No. 57 of 2002 are still going on. In these circumstances, it is apparent that the application moved by the petitioner/plaintiff for restoration under Order 9 Rule 9 of Code of Civil Procedure needed to be looked into on merits and not in view of the condition which came to be imposed while dismissing the suit in default. The impugned order is, therefore, quashed and set aside. The application filed vide RMJC No. 117/1999 is restored to the file of Joint Civil Judge, Senior Division, 3 Amravati for taking fresh decision in accordance with law. All contentions raised by Mr. Moharir, learned counsel for the respondent, are kept open for appreciation therein. Writ Petition is disposed of. Rule accordingly. No order as to costs. JUDGE Diwale