1 ca18581.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.18581 OF 2010 IN WRIT PETITION NO.3532 OF 1989 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr. S.S. Bora, Advocate for the applicant. .... CORAM: S.S. SHINDE, J. DATE : 9TH MARCH, 2011 Heard learned Counsel for the applicant. This application is filed for restoration of Writ Petition No. 3532 of 1989. This Court on 26th June 2009 passed the following order. "Counsel for the petitioner absent. The matter is dragged, as earlier notices were issued to the petitioner to make alternate arrangement. On 15th April 2009 the counsel for the petitioner desired to verify the exact position. 2 ca18581.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Consequently it was adjourned to 27th April 2009. On that day Mr. S.S. Bora, counsel, got the matter adjourned as he desired to go through old record. It was again by way of last chance the matter was adjourned to this date, no participation. The Writ Petition is dismissed. No costs." 2. In Para-4 of the Civil Application, it is stated that, there was no intention to avoid the Court but only due to the reason that the final hearing matter was called out in the morning session and the Advocate was not present as he was engaged before the Hon'ble Division Bench in admission matter and before Single Judge in two Contempt matters, he could not attend the matter when the same was called out. 3 ca18581.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. On perusal of Para-4 of the application, this Court is not satisfied with the explanation offered in the Civil Application. However, due to fault on the part of Advocate, client should not suffer. But notice is required to be taken that the matter was adjourned on dates indicated in order reproduced hereinabove. 4. Therefore, Civil Application is allowed only on deposit of costs of Rs. 5000/- (Rs. Five thousand only) in High Court Legal Services, Sub Committee, Aurangabad, within two weeks from today. On deposit of such costs as directed above, order dated 26-06-2009 stand recalled. Writ Petition stands restored to its original position. It is made clear that unless costs of Rs.5000/- is deposited, there was no question of 4 ca18581.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders restoration of the Writ Petition. Payment of costs is condition precedent. 5. Civil Application is allowed and stands disposed of. [ S.S. SHINDE, J.] sut/Mar11/ca18581.10