FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 11107 OF 2008 IN CIVIL APPLICATION NO. 9295 OF 2008 IN WRIT PETITION NO. 2670 OF 2001 _________________________________________________________________________ Office Notes, Office Memoranda | of Coram, appearances, Court's | Court's or Judge's orders orders or directions and | Registrar's orders | ________________________________|________________________________________ Shri B.B.Yenge, advocate for the applicant (original respondent) Smt. Kalpalata Bharaswadkar, advocate for the respondent (original petitioner) .... Coram : Shrihari P.Davare, J. Dated : 02.07.2009 1. Perused. 2. The applicant (original respondent) has preferred the present Civil Application for restoration of Civil Application No. 9295 of 2008 in Writ Petition No. 2670 of 2001 by setting aside the order of dismissal dated 19.9.2008. 3. The applicant contends that he had filed Civil Application No. 9295 of 2008 in Writ Petition No. 2670 (2) of 2001 seeking directions to the respondent to calculate the amount of gratuity up to the year 2005 taking into account the year of birth of the applicant as 1945 instead of 1941 and to pay the gratuity amount withheld by the Corporation along with the interest thereon after deducting rent at the rate of Rs.2/- per month for about 28 years. 4. However, the said Civil Application came to be dismissed in default on 19.9.2008 when the advocate for the applicant was busy before another court. Hence, the applicant has preferred the present application for restoration of the said Civil Application. 5. Heard both the learned respective counsel for the parties. 6. It appears that the absence of the learned counsel for the applicant before the court on 19.9.2008 does not appear to be intentional, wifful or deliberate since he was held up before another court. Hence, opportunity is required to be given to the applicant to prosecute Civil Application No. 9295 of 2008 on merits. Accordingly, present Civil Application is required to be allowed in the interest of justice. 7. In the result, present Civil Application succeeds (3) and same is allowed in terms of prayer clause ‘B’ thereof and Civil Application No. 9295 of 2008 in Writ Petition No. 2670 of 2001 stands restored to the file at it’s original place and the dismissal order dated 19.9.2008 stands set aside. Civil Application is disposed of. (Shrihari P. Davare, J.) dbm/ca11107.08