ssm 1 44.caw.721.11 IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 721 OF 2011 IN WRIT PETITION NO. 4430 OF 1999 Mr. Sarjerao Kisan Ohal ....Applicant Versus M/s. Yashasree Industries through Proprietor, Mr. Yallappa Annandas ....Respondent ____________ Mr. N. D. Pote i/b Uday Warunjikar for Applicant. Mr. P. R. Salvi for Respondent. CORAM: K. K. TATED, J. DATED : 5 TH APRIL, 2011. P.C.: Heard Learned Counsel for parties. 2. This application is preferred by original Petitioner for recalling the order dated 17 th February, 2011 (Coram: Smt. Nishita Mhatre, J) by which the Writ Petition was dismissed for default as no one was present when the matter called out for final hearing. 3. Learned Counsel for Applicant submits that the Advocate for Applicant was held up before another Court when the ssm 2 44.caw.721.11 Writ Petition was called out for final hearing. Therefore, in the interest of justice, the order dated 17 th February, 2011 be recalled and the matter to be restored on board for final hearing. 4. Learned Counsel appearing on behalf of Respondent vehemently opposed the Civil Application. 5. Considering the submission made by the learned Counsel for the Applicant and the averments made in Civil Application, particularly in paragraph no. 2, Civil Application is allowed in terms of prayer clause (a) which reads as under: “Be pleased to restore the above referred Writ Petition to the file of this Hon’ble High Court for the reasons mentioned in the memo of this Application.” 6. Civil Application is disposed off accordingly. (K. K. TATED, J.)