:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.9 OF 2009 IN WRIT PETITIONNO.420 OF 1989 Shri Thaken K. R. Nair ..Petitioner. Vs. State of Maharashtra & Ors. ..Respondents. Mr.V.P.Vaidya for the Petitioner. Ms.Mugdha Jadhav, AGP for the Respondents - State. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. CORAM : S.J. VAZIFDAR, J. DATED : 19TH JANUARY, 2009 DATED : 19TH JANUARY, 2009 DATED : 19TH JANUARY, 2009 P.C. : P.C. : P.C. : For the reasons stated in the affidavit in support, the application for restoration ought to be granted. The Petitioner has been prosecuting the matter with considerable diligence. From the initial order dismissing the petition, an appeal was filed. The Division Bench admitted the appeal. 2. Thereafter, for no fault of the Petitioner, as there was difficulty in tracing the papers, the orders were passed by this Court. The mere fact that the Petitioner’s Advocate remained absent towards the end, is no justification for letting the Petitioner suffer by having the Writ Petition dismissed without affording an opportunity of :2: hearing and the petition being decided on merits. 3. In the circumstances, the Notice of Motion is made absolute in terms of prayer (a). 4. The petition shall be added to the final hearing list in the week commencing 9.2.2009. ***