SSK/ 1 caw 2028.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2028 OF 2011 IN WRIT PETITION NO. 2523 OF 2010 Subhash Atwaru Yadav & Ors. ....Applicants/Petitioners. Versus Indian Institute of Technology & Anr. ...Respondents Shri Pankaj Das, Advocate for the applicants/petitioners. Ms. Aparna Vatkar, AGP for respondent no.1. Shri V. Y. Murudkar, Advocate for respondent nos. 2 & 3. CORAM : RANJIT MORE, J. DATED : 29th SEPTEMBER, 2011. P.C.: The civil application is taken out by the petitioners for restoration of the above writ petition. The writ petition was dismissed by a learned Single Judge of this Court by Order dated 1st August, 2011, since neither the petitioners nor their Advocate appeared before the Court when the matter was called out for hearing on 28th July, 2011. In Paragraph 3 of the civil application, the petitioners have given explanation for their absence on the date of hearing of the aforesaid writ petition. It is stated therein that the Advocate who was looking after the matter was from Madhya Pradesh and he was not aware about the date of hearing of the aforesaid writ petition. SSK/ 2 caw 2028.11 One Mr. Navin Joshi is the Advocate on record. The name of the Advocate from Madhya Pradhesh is neither disclosed in the civil application nor he has filed appearance in the aforesaid writ petition. The explanation is not satisfactory. The petitioners, however, should not be thrown out without being heard. I am, therefore, inclined to restore the writ petition in the interest of justice. However, same will be subject to payment of cost to respondent no.1. The civil application is, accordingly, disposed of by passing the following order : a) The civil application is allowed in terms of prayer clause (a), subject to the petitioners paying cost quantified @ Rs. 1000/- to respondent no.1. b) Cost to be paid within a period of one week from today. If the cost is not paid within the stipulated time, the civil application stands dismissed. 2) The Registry is directed to put up the writ petition for admission on 7th October, 2011, high on board. (RANJIT MORE, J.)