*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2602/2009 IN WRIT PETITION NO.3786/1998 Laxman Dattaray Limaye (decd.) and another. ..Applicants -VERSUS- M/s Mahavir Rice Mills. ..Respondent ............... Mr.Rajiv Patil, Advocate for the Applicants. Mr.I.M.Vohra, Advocate i/b Bipin Joshi, for the Respondent. ............... CORAM: A.P.DESHPANDE, J. Dated 05th November, 2009. PC:- 1 The present application is filed for setting aside the order dated 05th October, 2009 which dismisses the writ petition for non prosecution and for consequent restoration of the writ petition. 2 According to the learned counsel for the Applicants, the Advocate for the Applicants reached few minutes late on 05th October, 2009 but by then the impugned order of dismissal for non prosecution was already passed. Hence, the Applicants are constrained to move the present application for restoration. The application is moved immediately within two days of the dismissal of the petition. 3 The learned counsel for the Respondent leaves it to the *2* Court to pass an appropriate order. 4 In the interest of justice, the order of dismissal of writ petition for non prosecution dated 05th October, 2009 is set aside and the Writ Petition is restored to file. List the Writ Petition for admission after two weeks. (A.P. Deshpande, J)