1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 656 OF 2009 IN WRIT PETITION NO. 1235 OF 1995 Dr. V. Kurusu. ... Petitioner. vs. The Principal Kelkar Education Trust & Ors. ..... Respondents. Mr. B.G. Tangsali for the petitioner. Mr. Amit Gor i/by Piyush Shah for respondents no.1. Mr. Yogesh Gharve with R.A. Rodrigues for respondent no. 3. Mr. M.D. Naik, AGP., for respondent no. 4. CORAM : J.N. PATEL, ACTING, C.J. & SMT. R.P. SONDURBALDOTA, J. DATE : 25TH JANUARY, 2010. P.C. This notice of motion has been taken out for restoration of the petition by recalling the order dated 20.7.2009 after condoning delay of 110 days in filing the notice of motion. 2 2. We have heard the counsel for the petitioner and the respondents. In the affidavit in support of the notice of motion the petitioner states that the petition came to be dismissed because his advocate could not remain present in time in the Court and that there was no fault on the part of the petitioner. As regards delay of 110 days, the petitioner states in paragraph 6 of the affidavit in support that there was some communication gap between the petitioner and his advocate. Consequently the message of dismissal of the petition was required to be sent to the petitioner by the advocate through one of the friends of the petitioner in his college. It appears that thereafter the learned counsel appearing for the petitioner suffered from indifferent health. The petitioner submits that the delay is neither intentional nor deliberate but the same was circumstantial in nature. 3. Considering the explanation given in the affidavit, we are of the opinion that the petition is required to be restored to file as it was dismissed on account negligence on the part of the advocate appearing for the petitioner. The respondent no. 2 however is required to be compensated by costs. The notice of motion is allowed in terms of prayer clauses (a) and (b) on condition that the advocate for the petitioner pays costs quantified at Rs. 5,000/- to respondent no. 2 within a period of two weeks from today. (J.N. PATEL, ACTING, C.J.) (SMT. R.P. SONDURBALDOTA, J.)