1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR M.C.A.NO. 458/2009 IN W.P.No. 678/2001 ( State of Maharashtra and another -: versus :- Prabhakar Shivaji Wankhade and others ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATED : SEPTEMBER 14, 2009. Heard Learned A.G.P. for applicants and Shri Moon, learned counsel for respondent no.1. Learned counsel for respondent no.1 is strongly opposing the prayer for restoration. He states that the matter was part heard and continuously for 2/3 occasion there was no appearance for the applicants, and hence the matter has been rightly dismissed in default. We have perused the application as filed. The facts disclosed therein are as per knowledge of learned Government Advocate. In the circumstances, we recall the order dated 3.3.2009 passed in Writ Petition No. 678/2001 and restore the Writ Petition back to file, subject to the applicants paying cost of Rs.500/- to the respondent no.1 by 29.09.2009. If the costs are so paid, office to restore the Writ Petition and list it for final hearing. M.C.A. is accordingly allowed. JUDGE JUDGE Rgd.