1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2800 OF 2009 IN WRIT PETITION NO. 7039 OF 2009 Mohan Munshiram Ahuja & ors........ Petitioner versus Hemant Dhanaji vidhate & ors ........Respondent. Mr.Satyajeet Dighe h/f. Sagar Kasar adv. for the Petitioner None for the Respondent. CORAM: A. P DESHPANDE, J. DATED : 17th November, 2009. P. C.: 1. This court by an order dated 18-9-2009 directed issuance of notice returnable on 17-11-2009. However the same was subject to deposit of a sum of Rs. 10,000/- by the petitioner in this court towards payment of costs to the respondent. A further condition was imposed that in the event if the cost is not paid within three weeks, petition would stand dismissed for non prosecution. It so happened that the petitioner could not deposit the amount in three weeks and hence petition stands dismissed. The present application has been made with a view to restore the petition. It is pointed out that the petitioner could not arrange money and 2 deposit the same within the time prescribed. However now the petitioners are in a position to deposit the amount. For the reasons stated in the application the dismissal of the petition for non prosecution is set aside. The application is allowed. Writ petition is restored to file. Petitioner shall deposit the amount of costs in this court within one week from today. On deposit of the costs, issue notice to the respondent nos. 1 to 14 returnable in four weeks. Application is disposed of. (A. P. Deshpande, J.)