1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPICATION NO.10669 OF 2009 IN WRIT PETITION NO.1869 OF 2009 Balasaheb Marotirao Nirmal ..APPLICANT VERSUS The State of Mah. & os. ..RESPONDENTS Mr S.S. Shete, Advocate for the applicant; Mr S.V. Kurundkar, Addl. G.P. for respondent no.1. CORAM : P.V. HARDAS AND A.V. POTDAR, JJ. DATE : 9th October., 2009 PER COURT : By this application the applicant seeks condonation of delay of 101 days in praying for restoration of the petition which came to be dismissed on account of the failure on the part of the petitioner to pay the process fee. We have heard Shri Shete, learned Counsel for the applicant and learned A.G.P. on behalf of respondent no.1. Since the other respondents were not served before the dismissal of the petition, we do not consider it necessary to issue notice to them. Accordingly, this Civil Application is allowed and delay stands condoned and the order of this Court directing the dismissal of the petition for non payment of the Bhatta is recalled and the petition is restored to file, on the condition that Bhatta is paid within two weeks from today. ( A.V. POTDAR, J.) ( P.V.HARDAS, J.) amj/ca10669.09