1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION (O) NO.831 OF 2011. IN WRIT PETITION NO.345 OF 1996 (D). M/s. Nagpur Foundaries Limited. .Vrs. State of Maharashtra, thr. The Secretary Finance Dept.,Mantralaya, Bombay and Others. ----------------------------------------------------------------------------------- Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's or directions and Registrar's orders. Orders. (Mr. Shyam Dewani, Advocate for applicant. Mrs. Bharthi Dangare, A.G.P. for non applicant Nos. 1 to 4.) CORAM : B. P. DHARMADHIKARI & A. P. BHANGALE, J J. DATED : 20 th August, 2011. Heard Mr. Biwapurkar holding for Mr. Dewani, learned Counsel for petitioner/applicant and learned A.G.P. for respondent/non applicant Nos. 1 to 4. 2. Prayer in application is to condone the delay of 214 days in filing Misc. Civil Application stamp No.6233 of 2011 and for setting aside order dated 30th July, 2010, dismissing the writ Petition No. 345 of 1996 for want of prosecution and for restoration of that petition. 3. Mr. Biwapurkar, learned Counsel for applicant/petitioner is relying upon reasons given in the application to substantiate his stand. He contends that the cousin brother of deponent was looking after the affairs and the Court matters. He did not inform the counsel about the developments and also did not inform the applicant about dismissal of Writ Petition. According to him, therefore, Writ Petition needs to be restored by condoning the delay. 2 Learned Additional Government Pleader is opposing the request. She is also seeking time to file reply. 4. The application has been presented in March, 2011 and copy was served immediately upon respondents. Till date, no steps have been taken by respondent Nos.1 to 4 in filing for reply. Respondent No.5 does not appear though served. 5. In this situation we condone the delay and recall order dated 30th. July, 2010, but the same is, subject to payment of costs of Rs. 10,000/-(Rs. Ten Thousand Only) by applicant to the Office of respondent No.4 within a period of two weeks from today. If the costs are so paid, delay shall stand condoned and Registry shall proceed to register Misc. Civil Application. If the Misc. Civil Application is registered, prayer made therein shall be granted and order dated 30th July, 2010 shall stand recalled. In that event Writ Petition No 345 of 1996 shall be restored to file. Advocate informs that interim orders were operating in Writ Petition. We also find that because of interim orders passed in Writ Petition No 4825 of 1995 by the Hon'ble Principal Bench of High Court, Bombay, this Court has passed interim orders. 6. Petitioner as also respondents therefore to find out progress and fate of Writ Petition No 4825 of 1995 before the Hon'ble Principal Bench of High Court, Bombay. In the meanwhile, if Writ Petition is restored, list it for further consideration for passing orders on interim relief on 19th September, 2011. On that day petitioner and learned Additional Government Pleader shall inform this Court about the position of Writ Petition No 4825 of 1995. 7. Accordingly Civil Application (O) No. 831 of 2011 and Misc. Civil Application No.6233 of 2011 are granted and disposed of. 3 8. Copy of this order duly authenticated be supplied to the respective Counsel, to act upon. JUDGE JUDGE Deshmukh