-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 609 OF 2011 IN WRIT PETITION NO. 2941 OF 2010 Vishwakumar V. Badave. ..Petitioner. Versus The State of Maharashtra & Ors. ..Respondents. Mr. P. M. Arjunwadkar for the petitioner. Mr. R. M. Patne, AGP for the State. Coram : RANJIT MORE, J. Date : March 14, 2011. P. C. : 1. Heard Mr. Arjunwadkar for petitioner-applicant and Mr. Patne, learned AGP for Respondent no.1. 2. This civil application is taken out for restoration of the writ petition. The writ petition stood dismissed automatically in view of the order dated 19/11/2010. Under the said order, the petitioner was directed to serve the 3rd respondent by private notice and he was directed to file affidavit of service on or before 6/1/2011. On failure thereof, the petition was to stand dismissed for non prosecution. The petitioner could not serve the 3rd respondent and therefore the petition stood dismissed. 3. Since the petition was dismissed in default prior to filing of appearance by respondent no.3 in the writ petition, his presence is srp -: 2 :- not required for the disposal of the present civil application. 4. The petitioner-applicant in paragraph no.3 of civil application has explained the facts giving sufficient cause for restoration of the writ petition. In that view of the matter, civil application deserves to be allowed and same is therefore allowed in terms of prayer clauses (a) & (b). (RANJIT MORE, J.) -: 3 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2941 OF 2010 Vishwakumar V. Badave. ..Petitioner. Versus The State of Maharashtra & Ors. ..Respondents. Mr. P. M. Arjunwadkar for the petitioner. Mr. R. M. Patne, AGP for the R-1. Coram : RANJIT MORE, J. Date : March 14, 2011. P. C. : 1. Office to issue fresh notice to Respondent nos. 2 & 3 returnable on 29th March 2011. 2. In addition to Court notice, advocate for the petitioner shall serve Respondent Nos. 2 & 3 by private notice either by hand delivery or through RPAD/Speed Post/Courier and file an affidavit of service before the returnable date. (RANJIT MORE, J.) srp