gst 1 wp828.11.sxw IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION. WRIT PETITION NO. 828 OF 2011. Amit Bhaskar Boraste ... .... .... ..Petitioner. V/s Suman Navneet Mehta & Ors. .... .... ..Respondents. Mr.P.S.Dani, Adv. For the petitioner. Mr.J.D.Khairman, Adv. For R.Nos. 1 to 4. CORAM: B.R. GAVAI, J. 22nd March, 2011 PC: Rule. Rule made returnable forthwith. Taken up for hearing by consent. The petitioner challenges the order dated 19.10.2010 vide which application filed by the present petitioner for setting aside no W/S order came to be rejected for want of prosecution. From perusal of the order it is seen that the application for setting aside the no W/S-exparte order has been rejected for want of prosecution. I find that it will be in the interest of justice that the application is decided on its own merits. 2. In that view of the matter Rule is made absolute in terms of prayer clause (a). Learned trial Court is directed to decide the application filed by the present petitioner for stetting aside no W/S-exparte order on its own merits. However it shall be subject to payment of costs which are quantified at Rs.3000/-. Costs to be deposited in trial Court within a period of two weeks from today and on deposit of the same, the plaintiff shall be entitled to withdraw the same. The order of payment of costs shall be condition precedent failing which the petitioner shall stand dismissed automatically.