SSK/915 1 caw.834.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 834 OF 2011 IN WRIT PETITION NO. 9356 OF 2009 Shri Eknath Shankar Sutar ....Applicant/ Org. Petitioner Versus Shri Sakharam Tukar Narkar ...Respondent Prabha Badadare, Advocate for the Applicant/Org. Petitioner. CORAM : RANJIT MORE, J. DATED : 21st APRIL, 2011. P.C.: The civil application is taken out for restoration of the above writ petition by condoning the delay. By an Order dated 9th September, 2010, four weeks’ time was granted to the petitioner to take necessary steps to serve the respondent failing which the petition would stand dismissed. The respondent could not be served and, therefore, the petition was dismissed for non-prosecution. Since the petition was dismissed even prior to issuance of notice to the respondent, his presence is not necessary for the purpose of disposal of this application. The petitioner has given reasons in paragraphs 7, 8 and 9 for failure to serve the respondent within the stipulated time. The reasons, in my opinion, are satisfactory. The civil application is accordingly allowed in terms of prayer clause (b). SSK/915 2 caw.834.11 2. The writ petition is restored to file. The Registry to issue fresh notice to the respondent in the aforesaid writ petition returnable on 16th June, 2011. (RANJIT MORE, J.)