1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2797 OF 2009 IN WRIT PETITION NO. 5849 OF 2009 Donald A. Patrick ........ Petitioner versus Vijay Laxman Borawke ........Respondent. Mr. Abhijeet Edesai h/f N.K. Bhog adv. for the Petitioner Mr. Mahendra Agwekar h/f M.D. Lagu adv.for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 17th November, 2009. P. C.: 1. This is an application seeking condonation of delay of 180 days in filing the Civil Application for restoration of the Writ Petition. This court directed the petitioner to deposit costs of Rs. 7500/- and effect service on the respondent by stipulated time. The petitioner did deposit the amount of costs, however could not effect service on the respondent. For the reasons set out in the application the conditional order dismissing the petition for non prosecution deserves to be set aside. The learned counsel for the respondent leave it to the court to pass appropriate order in accordance with law and seeks permission to withdraw the 2 amount of Costs of Rs. 7500/- deposited by the petitioner in the court. In that view of the matter petition stands restored to file. Respondents are permitted to withdraw the costs deposited by the petitioner in the court. Application is disposed of. (A. P. Deshpande, J.)