1 IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO.3001 OF 2006 NO.3001 OF 2006 NO.3001 OF 2006 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.6823 OF 2006 NO.6823 OF 2006 NO.6823 OF 2006 PRAKASH PRAKASH PRAKASH MATHRADAS JAISINGH MATHRADAS JAISINGH MATHRADAS JAISINGH ......... APPLICANT APPLICANT APPLICANT VS. VS. VS. MR. MR. MR. NARAYAN C. PERDAL & ANR. NARAYAN C. PERDAL & ANR. NARAYAN C. PERDAL & ANR. ......... RESPONDENTS. RESPONDENTS. RESPONDENTS. ALONGWITH ALONGWITH ALONGWITH CIVIL CIVIL CIVIL APPLICATION (ST)NO. 28258 OF 2006 APPLICATION (ST)NO. 28258 OF 2006 APPLICATION (ST)NO. 28258 OF 2006 IN IN IN WRIT WRIT WRIT PETITION NO. 6823 OF 2006 PETITION NO. 6823 OF 2006 PETITION NO. 6823 OF 2006 PRAKASH PRAKASH PRAKASH MATHRADAS JAISINGH MATHRADAS JAISINGH MATHRADAS JAISINGH ......... APPLICANT APPLICANT APPLICANT VS. VS. VS. MR. MR. MR. NARAYAN C. PERDAL & ANR. NARAYAN C. PERDAL & ANR. NARAYAN C. PERDAL & ANR. ......... RESPONDENTS. RESPONDENTS. RESPONDENTS. MR. MR. MR. PRASAD WITH M/S. FENILA NAIR FOR THE APPLICANT PRASAD WITH M/S. FENILA NAIR FOR THE APPLICANT PRASAD WITH M/S. FENILA NAIR FOR THE APPLICANT AND AND AND MR. TARODIA WITH MS. KITEN FOR RESPONDENTS. MR. TARODIA WITH MS. KITEN FOR RESPONDENTS. MR. TARODIA WITH MS. KITEN FOR RESPONDENTS. ..... ..... ..... CORAM CORAM CORAM : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. : A.P.DESHPANDE, J. DATE DATE DATE : February 8, 2007. : February 8, 2007. : February 8, 2007. ..... ..... ..... P.C. P.C. P.C. 1.1.1. By By By the present Civil application No. 3001 of the present Civil application No. 3001 of the present Civil application No. 3001 of 2 2006, 2006, 2006, a prayer for condonation of delay of 9 days is a prayer for condonation of delay of 9 days is a prayer for condonation of delay of 9 days is made, made, made, in in in filing an application for restoration of the filing an application for restoration of the filing an application for restoration of the writ writ writ petition, which came to be dismissed for petition, which came to be dismissed for petition, which came to be dismissed for default. default. default. The reason put forth for absence of the The reason put forth for absence of the The reason put forth for absence of the Counsel Counsel Counsel for the applicant, on the date on which the for the applicant, on the date on which the for the applicant, on the date on which the petition petition petition came came came to be dismissed in default, is properly to be dismissed in default, is properly to be dismissed in default, is properly explained explained explained in the application. I am convinced with in the application. I am convinced with in the application. I am convinced with the the the reason for absence of the Counsel. Hence, the reason for absence of the Counsel. Hence, the reason for absence of the Counsel. Hence, the application application application is allowed. The impugned Order of is allowed. The impugned Order of is allowed. The impugned Order of dismissal dismissal dismissal of the petition in default is hereby of the petition in default is hereby of the petition in default is hereby quashed quashed quashed and set aside. Consequently, the Writ and set aside. Consequently, the Writ and set aside. Consequently, the Writ Petition Petition Petition is restored to file. is restored to file. is restored to file. 2.2.2. Civil Civil Civil Application No. 3001 of 2006 for Application No. 3001 of 2006 for Application No. 3001 of 2006 for condonation condonation condonation of delay in filing the application for of delay in filing the application for of delay in filing the application for restoration restoration restoration of writ petition and Civil application of writ petition and Civil application of writ petition and Civil application St. St. St. No. 28258 of 2006 for restoration of the No. 28258 of 2006 for restoration of the No. 28258 of 2006 for restoration of the petition petition petition to file are allowed. to file are allowed. to file are allowed. ..... ..... ..... [A.P.DESHPANDE, [A.P.DESHPANDE, [A.P.DESHPANDE, J.] J.] J.]