ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1564 OF 2008 APPLICATION NO.1564 OF 2008 APPLICATION NO.1564 OF 2008 IN IN IN WRIT WRIT WRIT PETITION NO.8077 OF 2007 PETITION NO.8077 OF 2007 PETITION NO.8077 OF 2007 Prabhakar Gajanan Thakur ...Applicant. Vs. Smt.Vilasini Prabhakar Thakur ...Respondent. Mr.S.P.Kadam i/by Mr.M.B.Shirsat for the Applicant. CORAM CORAM CORAM : R.V.MORE, J. : R.V.MORE, J. : R.V.MORE, J. DATED DATED DATED : 18th July, 2008 : 18th July, 2008 : 18th July, 2008. P.C. P.C. P.C. . By an order dated 11th July, 2008, notice was issued to the Respondent and was returnable today. Mr.Kadam, the learned counsel appearing for the Applicant tenders an affidavit of service of one Mr. Anand Maruti Mane, the advocate’s clerk. The affidavit shows that the Respondent has refused to accept the notice. The affidavit is taken on record and marked as Exhibit "X". 2. The Civil Application is taken out for the Restoration of the Writ Petition. The subject matter of the Writ Petition is, an order of family Court granting interim maintenance to the Respondent. This Court by an order dated 21/11/2007, passed in above Writ Petition recorded the statement of applicant’s ( 2 ) counsel that he will deposit an amount of maintenance as granted by the family Court. The Petitioner accordingly, deposited a cheque for an amount of Rs.1 lacs. The cheque, however, was dishonoured as the Applicant’s account was frozen by the Co-operative court. In that view of the matter, this Court by an order dated 4th April, 2008 dismissed the above Petition for default. The Petitioner, therefore, constrained to take this application for restoration of the Writ Petition. Mr.Kadam, submits that in pursuance to the statement made on 21/11/2007, the amount of Rs.1 lacs was paid over to the Respondent wife and she has acknowledged the receipt of the same. The said receipt is at Exhibit "A". Since the petitioner-Applicant has complied with his statement, made on 21/11/2007, and for the reasons stated in the Civil Application, the Writ Petition No.8077/2007 is restored to file. 3. The Civil Application is disposed of accordingly. 4. The office is directed to issue notice before admission to the respondent, returnable on 01/08/2008,in Writ Petition No.8077 of 2007. ( 3 ) ( R. V. MORE, J.) R. V. MORE, J.) R. V. MORE, J.)