gst 1 wp1587.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 1587 OF 2011. Smt.Sunita Pawar & Anr. ... .... .... ...Petitioners. V/s Vasant Pawar & Ors. ... .... .... ..Respondents. Mr.Parag V. Dube, Adv. For the petitioners. CORAM: B.R. GAVAI, J. 22nd March, 2011 PC: Since no order adverse to the interest of the respondent is being passed the requirement of notice to respondent is waived. 2. The petitioner had approached this Court by way of Writ Petition No. 1393/07 challenging the order dated 30.10.06 thereby dismissing the application of the petitioner for restoration of earlier application which in turn is also for restoration of appeal which was dismissed for default. This Court on taking lenient view has allowed the petition, however the same was subject to payment of costs of Rs.2000/- to the respondent Nos. 3 and 4. However it appears that the petitioner instead of paying costs within stipulated period made the payment of costs on receipt of certified copy of the order. Learned Judge therefore vide order dated 11.10.2010 rejected the application. 3. The only ground on which learned Judge has refused to accept the costs is that costs were paid beyond the prescribed period by this Court. 4. It is submitted that the petitioner has already deposited the costs. Hence the application of the petitioner stands restored subject to the petitioner deposits a further sum of Rs.2000/- towards costs within a period of two weeks from today. On deposit of the said amount respondent Nos. 3 and 4 shall be entitled to withdraw the same. Needless to state that upon restoration of the matter before the Appellate Court, the learned Appellate Court shall give notice to all the respondents before it. Rule made absolute in aforesaid terms.