1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MCA (Restoration) NO. 547/2010 IN MCA NO. 1432/2009 IN WRIT PETITION NO. 512 OF 1998 (Shri Shambhugir Sansthan vs. Makkalal Jaggalal Jaiswal & Ors.) AND MCA (Restoration) NO. 548/2010 IN MCA NO. 1433/2009 IN WRIT PETITION NO. 513 OF 1998 (Shri Shambhugir Sansthan vs. Shriram Namdeo Mahokar & 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, J. AUGUST 27, 2010. Heard Shri Ingle, learned counsel for the applicant – petitioner. The prayer is to restore MCA No. 1432 of 2009 in Writ Petition No. 512 of 1998 and MCA No. 1433 of 2009 in Writ Petition No. 513 of 2009. The petitioner – applicant states that his counsel could not appear on 10.11.2009 for the reasons disclosed in para 6. The application is supported by personal affidavit of the advocate. Shri Palshikar, Shri Khan, learned counsel for the respective respondents are strongly opposing the prayers for condonation of delay. They contend that this was third such dismissal and the matter was unnecessarily prolonged. In this situation, I find that the respondents can be adequately compensated by awarding them cost. 2 Hence, the petitioner is directed to pay cost of Rs.1,000/- each to Shri Khan, Shri Palshikar and Shri Thakare, learned AGP. The costs are to be paid separately in both the matters. If the costs are so paid by 15.09.2010, MCA Nos. 1432/2009 and 1433/2009 shall stand restored and for the same reasons Writ Petition Nos. 512 of 1998 and 513 of 1998 shall thereafter stand restored. Shri Palshikar, Shri Khan, learned counsel and Shri Thakare, learned AGP for the respective respondents waive notice in both writ petitions after restoration. If the costs are so paid and matters are restored, list writ petitions for final hearing on 20th September 2010. The parties to note that no adjournment will be granted in writ petitions. JUDGE *GS.