IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION NO. 674/2010 IN M.C.A. NO. 392/2010 (DECIDED) (Shri Pramod Dwarkaji Wadhive vrs. Smt. Nitu Pramod Wadhive)) ................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................... Shri K.S.Motwani, counsel for applicant Shri C.R.Najbile, counsel for respondent , ... CORAM : R. K.DESHPANDE, J. DATED : 22nd NOVEMBER, 2010. 1] This is the application for setting aside the order dated 8.6.2010 passed by this Court, deciding the M.C.A. No. 392/2010. In fact, this is an application for review of the judgment and order dated 8th June, 2010, although it is styled as an application for setting aside order dated 8.6.2010 and for restoration. Hence, this application will have to be considered as an application for review of the order. 2) The review is sought on the ground which is mentioned in para 2 of the M.C.A, which is reproduced below. “(2) It is submitted that on 13.04.2010 this Hon'ble Court was pleased to issue notices in the aforesaid Misc. Civil Application which was made returnable on 08.06.2010. It is respectfully submitted that the applicant herein/Ori. Non-applicant received the said notice sometimes in the month of May 2010. However, as the vacations was going on, he could not meet to his advocate as he was out of station for vacations. He immediately met his advocate on the returnable date at Nagpur, however, by that time this Hon'ble Court was pleased to dispose off the matter and allowed the Misc. Civil Application by granting the relief as prayed in the said Misc. Civil Application. 3] On 13th April, 2010, this court had passed an order in M.C.A. (Transfer) 392/2010, as under; “'1. This is an application for transfer of Hindu Marriage Petition No. 74/2007 filed by respondent in the Court of Civil Judge Senior Division, Bhandara, to the Principal Judge, Family Court, Nagpur. 2. Issue notice on this Misc. Civil Application for final disposal of the matter to the non-applicant, returnable after six weeks. It is made clear that no further notice shall be issued to the non- applicant, if he fails to appear in the matter and this Court shall proceed to pass an appropriate Order. 3. In the meantime, there shall be interim relief in terms of prayer clause (2).” 4] When the matter was listed before the Court on 8th June, 2010, none appeared for the respondent in spite of service. Hence, this Court proceeded to decide the matter accordingly. The said M.C.A. No. 392/2010 has been allowed and the HMP No. 74/2007 has been transferred to the Family Court at Nagpur. 5] When in the order dated 13th April, 2010 itself it was made clear that if the respondent fails to appear in the matter, this Court shall proceed to pass an appropriate order, the respondent seems to be negligent in defending the matter. The explanation submitted for his non-appearance submitted in para 2 of the application cannot, therefore, be accepted. 6] The application is, therefore, dismissed. JUDGE Rvjalit