1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.27 OF 2009 IN CONTEMPT PETITION NO.157 OF 2008 Madhav Rangnath Purandare .. Applicant V/s Dilip Prabhakar Sudame & anr. ..Respondents Mr.Manoj S. Ghatage, Advocate, for the applicant Mr.Shailesh More, AGP, for the respondent No.2 CORAM : R.M.SAVANT, J. DATE : 6TH MARCH, 2009 P.C. . By the above Civil Application, the applicant seeks restoration of the Contempt Petition which has been dismissed for non-prosecution on account of the conditional Order dated 22nd August, 2008. By the said Order, the petitioner was directed to take steps for service on the respondents within a period of one week, on failure to do so the Contempt Petition was to stand dismissed for non- prosecution. 2 2. It appears that the respondents were sought to be served by Speed Post by the learned counsel for the petitioner who was then appearing i.e.Mr.V.A.Londhe, advocate. In view of the conditional Order, correspondence ensued between the Postal Authorities and the said advocate Mr.V.A.Londhe, the Postal Authorities ultimately by communication dated 13th December, 2008, which is annexed as Exhibit B to the Civil Application informed, the said Advocate, Mr.V.A.Londhe that the Speed Post letter has been delivered to the addressee on 3rd September, 2008. 3. In view of the fact that the above Contempt Petition came to be dismissed for non-prosecution on account of the conditional Order dated 22nd August, 2008, in the light of the report of the Postal Authorities as mentioned herein above, case for restoration is made out. The above Civil Application is, therefore, allowed in terms of prayer clause (b). The Contempt Petition is restored to file. (R.M.SAVANT, J.) 3