1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 7442/2008 AND MCA (Rest.) ST. NO. 13278/2008 IN WRIT PETITION NO. 5971 OF 2004 (Kum. Rajkumari Govindrao Kunjekar & Ors. vs. State of Maharashtra & Ors.) 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 & F.M. REIS, JJ. SEPTEMBER 30, 2009. Heard Ms. Kunte, Advocate holding for Mrs. Shinde, Advocate for the applicants and Mrs. Deshpande, learned counsel for respondents No. 2 to 4. Nobody had appeared for respondents No. 6 to 10, though they are served. Writ Petition is already dismissed as against Respondent No.5. We have perused the personal affidavit filed by the advocate showing the circumstances in which writ petition was dismissed for want of prosecution and delay of one year and 227 days is caused in moving MCA. Though Mrs. Deshpande, learned counsel is opposing the prayers, as we do not find any malafides, we condone delay and also direct the registry to register MCA St. No. 13278 of 2008. For the same reasons, prayers made in MCA are also granted and Writ Petition No. 5971 of 2004 is restored back to file. However, the restoration is against 2 Respondents No. 1 to 4 and 6 to 10. Writ Petition cannot be restored as against Respondent No.5. JUDGE JUDGE *GS.