1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MCA (Rest.) NO. 258/2010 IN WRIT PETITION NO. 345 OF 2010 (Vinod Kumar Madan Mohan Ghuwalewala vs. Shri Devilal Shyamraoji Trivedi) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. APRIL 12, 2010. Heard Shri Issac, learned counsel for the petitioner – applicant and Shri Naukarkar, learned counsel for the respondent. The learned counsel for the petitioner states that the matter could not have been dismissed for want of prosecution on 25.02.2010 as condition of deposit was only for grant of stay and not for admission. Shri Naukarkar, learned counsel is opposing the arguments. The perusal of order dated 22.01.2010 shows that this Court issued notice and granted stay but stay was subject to the petitioner’s depositing 50% of the amount as awarded. In the circumstances, order dated 25.02.2010 is recalled as the learned counsel has without prejudice to the contentions on merit and only to show bonafide stated that the petitioner – applicant will deposit an amount of Rs.50,000/- with the Registry of this Court within a period of two weeks from today. 2 Thus, subject to deposit of such amount by 26th April 2010, the order dated 25th February 2010 is recalled and Writ Petition No. 345 of 2010 is restored back to file. MCA is accordingly allowed. List the matter on 23rd April 2010. JUDGE *GS.