1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO.250 OF 2007 IN WRIT PETITION NO.1013 OF 2005. Karbhari Dhulaji Gandhat. ..Petitioner. vs. Municipal Corporation of Greater Bombay. ..Respondents. .... Mr.A.K. Tripathi, i/b. S.U. Shukla, for Petitioner. Ms. T.H. Puranik, for Respondents. .... CORAM : S.J.KATHAWALLA, J. DATE : 23RD SEPTEMBER 2009. P.C. By this notice of motion, the petitioner is seeking restoration of the petition, which was dismissed on 2 nd April 2007. Admittedly, the petition is not dismissed for the first time. The petition was earlier dismissed on 25 th April 2005 for want of prosecution and thereafter, restored to file on 7 th August 2006. It is, therefore, clear that the petitioner and/or his Advocates since the filing of the petition have not been diligently pursuing the petition. In view of the aforesaid conduct of the petitioner and his Advocates, the 2 notice of motion deserves to be dismissed. However, since the petitioner was a Class-IV employee of the Corporation and the petition pertains to his pension benefits, this Court only by way of indulgence and as a last chance is allowing the notice of motion. The order of dismissal dated 2 nd April 2007 is set aside and the petition is restored. 2. Place the petition for hearing and final disposal on 13 th November 2009. 3. Notice of motion is accordingly disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]