1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.74 OF 2008 IN CONTEMPT PETITION NO.179 OF 2008 Smt.Sangeeta Vanamali ..Applicant V/s Tikam Co-operative Housing Society Ltd. ..Respondent Mr.Prasad Kulkarni i/b.Mr.Prasad S. Dani, Advocate, for the applicant Mr.G.P.Deogirikar, Advocate, for the respondent CORAM : R.M.SAVANT, J. DATE : 9TH JANUARY, 2009 P.C. . By the above Civil Application, the applicant prays for condonation of delay in filing the above application and for restoration of the above Contempt Petition which has been dismissed on account of the conditional order dated 17th October, 2008. By the said conditional order, the applicant was directed to take steps to serve the unserved respondents within four weeks failing which the Contempt Petition was to stand dismissed without reference to the Court. On 2 account of non-compliance of the said order the Contempt Petition came to be dismissed. 2. The reasons for the non-compliance of the said order dated 17th October, 2008 are mentioned in the Civil Application. 3. The learned counsel for the respondent-society has filed an affidadavit-in-reply opposing the Civil Application but has fairly conceded that he submits to the orders of the Court. 4. Considering the reasons mentioned in the Civil Application for non-compliance of the conditional order dated 17th October, 2008, the Civil Application is required to be allowed and is accordingly made absolute in terms of prayer clause (a). Civil Application is accordingly disposed of. (R.M.SAVANT, J.) 3