dmt 1 ca2273-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2273 OF 2011 IN WRIT PETITION NO. 2592 OF 2002 National Paroxide Limited & Anr. .. Petitioners. versus The State of Maharashtra & Anr.. .. Respondent. ..... Ms. Karishma Bharucha with Mr. Vinayak Vengurlekar i/by Crawford Bayley & Co. for Applicants/Petitioners, Mr. V.P. Patil for the Respondents. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 18 October 2011. P.C. : The Petition was dismissed for non-prosecution on 11 October 2007. From the Civil Application it appears that in all nine proceedings were clubbed together and on 11 October dmt 2 ca2273-11 2007 the Writ Petition filed by the Applicants wrongly came on Board. The Applicants have stated that they were expecting that their Writ Petition would come on Board together with other matters which were clubbed together and hence the Petition went unnoticed. The Applicants state that they were unaware of the dismissal until recently when a new Advocate was appointed. No reply has been filed by the State. Learned Counsel appearing on behalf of the Respondents prays for costs. 2. In our view, the ends of justice would be met if the Petition which was pending since 2002 and which was dismissed for default is restored subject to the payment of cost. The Civil Application is, therefore, made absolute in terms of prayer clauses (a), (c) and (d) subject to the payment of costs quantified at Rs. 10,000/- (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.) dmt 3 ca2273-11