-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 660 OF 2009 IN WRIT PETITION NO. 3106 OF 2006 A. Muthukrishnan. ..Petitioner. Versus National Film Development Corp. ..Respondents. Mr. Nitesh Bhutekar i/b Mr. Uday Warunjikar for the petitioner. Mr. A. K. Singh i/b Lex Remedeum for respondents. Coram : F.. I. REBELLO & R. V. MORE, JJ. Date : June 15, 2010. P. C. : 1. By the present notice of motion the petitioner has moved for recalling the order dated 8th January 2008. 2. When the matter came up before this Court on 8th January 2008, learned counsel for the petitioner informed the Court that he has no instructions. The Court noted the repeated adjournments sought by the counsel for petitioner and in view of that dismissed the petition for want of prosecution. In the affidavit filed in support of notice of motion, it is pointed out that the petitioner at the relevant time was posted at Chennai where he was working and as such it was not possible for him to come immediately for the purpose of filing re- joinder. The petitioner wanted to swear the affidavit in Chennai but it was informed that it cannot be done and he will have to come to srp -: 2 :- Mumbai for that purpose. There was some communication gap and during this period the matter came to be dismissed The petitioner claims to be in the employment of respondent and his contention is that he has not been paid salary for the period he has worked. Considering these circumstances and since the petition is dismissed for non prosecution only, in our opinion, at the highest the petitioner can be saddled with the cost. In the light of that following order. Order dated 8th January 2008 is recalled subject to the petitioner paying to the respondent cost quantified at Rs. 1,500/- (Rs. One thousand five hundred only.) within the period of four weeks and subject to the re-joinder being filed within four weeks. (R.V. MORE, J.) (F. I. REBELLO, J.)