1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application No. 651 of 2009 IN Misc. Civil Application [Resto.] St. No. 10739 of 2009 IN Writ Petition No. 1246 of 2009 [decided] [Mohan P. Raut Vs. Chief General Manager & another] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. S.R. Narnaware, Adv., for the applicant. Mr. A.D. Mohgaonkar, Adv., for respondent no.2. ------ CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 24th August, 2009. Heard. Prayer is to condone delay of 87 days in filing Misc. Civil Application, and in Misc. Civil Application, prayer is to recall order dated 20th March, 2009 and to restore writ petition back to file. Learned Adv. Mr. Mohagaonkar, who appears for both the respondents in Civil Application, states that facts disclosed in civil application are incorrect. He is, 2 therefore, seeking time to file appropriate reply-affidavit. He states that there is no order dated 14th January, 2008, which could have been challenged by the applicant in writ petition. We find that this aspect is relevant when Court considers challenge in the writ petition, and not in Civil Application or Misc. Civil Application. Hence, without prejudice to said contention of respondents, in the interest of justice, we condone the delay and also recall order dated 20th March, 2009 and restore Writ Petition No. 1246 of 2009 back to file. Proceedings are accordingly disposed of. No costs. Judge Judge |Hedau| 3