1 caw847-11 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.847 OF 2011 IN WRIT PETITION NO.9964 OF 2009 Chhotelal B. Tiwari .. Applicant Vs. Kandori Nagar Co-op.Housing Society Ltd. and Anr. .. Respondents Mr.R.R.Mishra for the applicants Mr.Shashank Mangle and Mr.D.R.Talankar for respondent no.2 CORAM: K.K. TATED, J. DATE: 1st JULY, 2011 P.C. 1. Heard the learned counsel for the parties. 2. This application is preferred by original petitioner for recalling order dated 07.03.2011 passed by this court (Coram: Ranjit V. More, J.) dismissing the Writ Petition for default. 3. The learned counsel for the applicant states that the applicant s then ’ advocate failed to attend when the matter was called out for admission. He submits that applicant has good chance of success in the present case. He submits that in the interest of justice, this Hon ble Court be pleased ’ 2 caw847-11 to allow the present Civil Application. If Civil Application is not allowed, irreparable loss, harm and injury will be caused to the applicant for the default his advocate. 4. The learned counsel for the respondent vehemently opposed the present application. He submits that the applicant failed to show any cause for allowing the present Civil Application. 5. Considering the submissions made by the learned counsel for the applicant and the averments made in Civil Application, Civil Application is allowed in terms of prayer clause (a) which reads as under: (a) that this Hon ble Court be pleased to set aside the “ ’ order of dismissal dated 7th March, 2011 dismissing the Writ Petition No.9964 pf 2009 passed by His Lordship Mr.Justice Ranjit More and the Writ Petition be restored and heard on merits.” 6. Civil Application is disposed of accordingly. (K.K. TATED, J.)