1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2644 OF 2009 IN WRIT PETITION NO. 5701 OF 2008 Subham Inks & Allied Products ..Applicant/Petitioner versus State of Maharashtra and others ..Respondents Shri N.A. Patil for the Applicant/Petitioner. Shri V.A. Sonpal,AGP for the Respondents CORAM : D. D. SINHA & A. A. SAYED , JJ. DATED : JANUARY 05, 2010. P.C. 1 Heard Shri Patil, learned Counsel for the Applicant/Petitioner and Shri Sonpal, AGP for the Respondents. 2 This Civil Application No. 2644 of 2009 is filed by the Applicant/petitioner for restoration of Writ Petition No. 5701 of 2008, which was dismissed by this Court vide order dated 15th December, 2008. Learned Counsel for the Applicant/Petitioner has submitted that when the writ petition was called out on 15th December, 2008, Shri Nitesh Meshram, 2 learned Counsel appeared before the Court and he informed that Mr. Nilesh Patil, learned Counsel for the petitioner was unwell and requested the Court to adjourn the petition. However, Mr. Nitesh Meshram, learned Counsel could not inform the Court properly in this regard and therefore, this Court vide order dated 15th December, 2008 dismissed Writ Petition No. 5701 of 2008 for want of prosecution. It is contended that the dismissal of the writ petition has resulted in great prejudice to the petitioner and would result in miscarriage of justice. The Applicant/Petitioner, therefore, filed the present civil application for restoration of the said writ petition. Learned Counsel for the State Government submitted that he does not dispute the above referred fact. 3 We have considered the contention canvassed by the leaned Counsel for the Applicant/Petitioner and perused the order dated 15th December, 2008. It appears that Mr. Nitesh Meshram, learned Counsel for the Applicant/Petitioner,who appeared before the Court on 15th December, 2008 did not place the fact properly before this Court about the illness of Mr. Nilesh Patil, learned Counsel appearing for the petitioner and therefore it appears that this Court dismissed the writ petition vide order dated 15th December, 2008. Hence in the interest of justice we pass the following order. 3 ORDER Order dated 15th December, 2008 is hereby recalled, subject to payment of costs of Rs. 10,000/- to be deposited in this Court within a period of two weeks from today. The impugned order shall be revoked only on deposit of the said costs and the writ petition shall be restored to the file of this Court only thereafter. Civil Application is accordingly allowed in above terms. (D. D. SINHA, J.) ( A. A. SAYED, J.)