1 caw510-11 ttm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.510 OF 2011 IN WRIT PETITION NO.333 OF 2011 M/s.Magna Publishing Co. Ltd. .. Applicants Vs. Mr.Anil Narayan Bhatkal .. Respondent Mr.Jitendra M. Pathade for the applicants None for the respondents CORAM: K.K. TATED, J. DATE: 7th MARCH, 2011 P.C. 1. Heard the learned counsel for the applicants. 2. By this application, the petitioner is seeking to recall the order dt.7.2.11 passed by this court (Coram: Smt.Nishita Mhatre, J) dismissing the petition in default. 3. The learned counsel for the applicants submits that because of his personal difficulty he was not present when the matter was called out on 7.2.11. He submits that on that date, his wife was suffering from heavy fever and there was no other relative available to take proper care of her. Therefore, he was not present when the matter was called out on 7.2.11. 2 caw510-11 4. Considering the submissions made by the learned counsel for the applicants and the averments made in Civil Application, Civil Application is allowed in terms of prayer clause (a) which reads as under: a) That the order dated 7.2.11 passed by this Hon ble Court ’ (SMT.NISHITA MHATRE, J.) dismissing the Writ Petition No. 333 of 2011 in default be quashed and set aside and the aforesaid Writ Petition be kindly restored to file and the same may heard and decided on its own merits. 5. Civil Application is disposed of accordingly. (K.K. TATED, J.)