1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIIVIL APPLICATION NO.23 OF 2009 IN CONTEMTP PETITION NO. 5 OF 2008 Venkatraman Krishna Bhomkar : Applicant. Versus Rasiklal K Gandhi & anr. : Respondents. Shri Dharam Sharma i/by Dharam & co. for the Applicant. CORAM : R.M.SAVANT, J. DATED : FEBRUARY 27, 2009 P.C. 1. By the above Civil Application, the Applicant prays for restoration of the above Contempt Petition which has been dismissed on account of the conditional order dated 15th July 2008. By the said conditional order the Applicant was directed to serve the Respondents within a particular time frame. It is the case of the Applicant that Respondent No.1 was already served and the bailiff had filed his report and, in so far as Respondent No.2 is concerned, an application for substituted service has preferred in view of the fact that the said 2 Respondent was refused to receive the notice. 2. The reasons, on the basis of which the restoration of the Contempt Petition No.5 of 2008 is sought, are mentioned in the above Civil Application. For the said reasons, the above Civil Application is required to be allowed and is accordingly allowed in terms of prayer clauses (a) and (b). Resultantly, the Contempt Petition No.5 of 2008 is restored to file. 3. It is made clear that notwithstanding the fact that the Respondents were served earlier, since the Contempt Petition has been allowed to be reconstructed and is now restored, the Petitioner would have to effect fresh service on the Respondents. Hence Issue notice to the Respondents, returnable in six weeks from date. Hamdast permitted. [R.M.SAVANT, J]