1 caw2207.010.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATTION NO. 2207 OF 2010 IN WRIT PETITION NO. 8724 OF 2004 Mr. Rajesh Kumar Sharma .. Applicant. V/s. The Managing Director, National Insurance Company Ltd. & Ors. .. Respondents. Ms. Shama Mulla i/by Mr. Tejas Dande for the Applicant. Mr. V.Y. Sanglikar for the Respondent Nos. 1 to 4. CORAM : B.H. MARLAPALLE AND A.A. SAYED, JJ. DATED : 1ST SEPTEMBER, 2010. P.C. 1. Heard. 2. Writ Petition No. 8724 of 2004 was initially dismissed in default on 23-8-2006 as none had appeared for the petitioner and by allowing Civil Application No. 2441 of 2007, it was restored. The petitioner filed Civil Application No. 490 of 2010 praying for fixing early date of hearing and the application was allowed on 30-3-2010 by directing that the writ petition be listed in the weekly board commencing from 03-05-2010. On 10-06-2010, 2 caw2207.010.sxw the petition was called out for final hearing and nobody was present for the petitioner and therefore, in the second round the petition was dismissed for non prosecution. The challenge in the petition is to the order of dismissal from the post of Manager as well as the order passed by the Appellate Authority. 3. Delay condoned and the application is allowed in terms of prayer clause (a) subject to the payment of wasted costs quantified at Rs. 3000/- and to be remitted to the Maharashtra State Legal Services Authority within 2 weeks from today. Petition to proceed for final hearing in due course. (A.A.SAYED,J.) (B.H. MARLAPALLE, J.)