1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 896 OF 2009 IN WRIT PETITION NO. 912 OF 2004 ALONG WITH CIVIL APPLICATION NO. 295 OF 2009 IN CIVIL REVN. APPLICATION NO. 113 OF 2004 Subash Anand ... Applicant (in both C.A.s) v/s 1. Minoti Anand & ors. ... Respondents (in both C.A.s) Ms.Chandana Salgaonkar Radia for the applicant. Mr.Sajal Biswas for the respondents. CORAM: SMT.NISHITA MHATRE, J. DATED: 19TH MARCH, 2010 P.C.: 1. The civil applications have been filed in both the writ petition as well as the civil revision application for setting aside my order dated 10.12.2008. The order was passed ex- parte since the respondent No.1 in both the matters was not represented. The application has been filed by him contending that he was not present in Court at that point of 2 time since he had proceeded to Thiland for medical treatment. He has produced an extract from his passport indicating that he left Mumbai on 6.11.2008 and returned on 4.1.2009. He has also produced a medical certificate from the hospital giving history that he was admitted in hospital at Bangkok from 11.11.2008 to 24.11.2008. 2. The applications are opposed by the respondent No.1 i.e. the petitioner in both the writ petition as well as the civil revision application. It is contended on her behalf that the medical certificate is undated. It is also submitted that the card issued by the hospital does not indicate the nature of the treatment, names of the doctors who attended the applicant or the payment made by him, etc. It is, therefore, submitted that besides these documents, there is no evidence to indicate that the applicant had undergone medical treatment and, therefore, was unable to attend the Court. 3. Considering the submissions of the learned counsel appearing for the parties and the affidavits on record, in my view, it would be in the interest of justice to recall the order dated 10.12.2008, however, subject to costs. 4. The order dated 10.12.2008 is recalled subject to 3 payment of costs of Rs.5000/- by the applicant herein to the respondent i.e. the petitioner in the petition within two weeks from today as a condition precedent. 5. Both the civil applications disposed of accordingly. ..... 4