１ lpa-162-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION LETTERS PATENT APPEAL NO. 162 OF 2010 IN WRIT PETITION NO. 4884 OF 2001 Shri Mahesh Jaykumar Upadhye ... Appellant Versus President, Peoples Education Society and others. ... Respondents Mr. A.M. Joshi for the appellant. Mr. R.K. Mendadkar for respondent No.1. Mr. R.M. Patne, Assistant Government Pleader for respondent Nos.2 and 3. CORAM : MOHIT S. SHAH, C.J. & S.C. DHARMADHIKARI, J. DATED : 20TH JULY, 2010 P.C. This appeal is directed against the order dated 9th April, 2010 of the learned Single Judge recalling the order by which the writ petition was dismissed for default. 2. We see no merit in this appeal. The learned counsel for the appellant, however, submits that by virtue of restoration of the writ petition, the writ petitioner may also claim restoration of the interim stay which was operating prior to dismissal of writ petition for default but during the intervening period, certain other developments have taken place which ought to be considered in favour of the appellant. 3. Without going into the merits of the controversy between the parties, it is clarified that restoration of the writ petition will not by itself amount to restoration of the interim stay operating during the pendency of the petition prior to its dismissal in default. However, it will be open to the respondent No.1 to move an application for interim stay which may be decided by the learned Single Judge on its own merits. CHIEF JUSTICE S.C. DHARMADHIKARI, J.