1 26 caw.1593.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CIVIL APPLICATION NO. 1593 OF 2011 IN WRIT PETITION NO. 9665 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Uday P. Warunjikar for the Applicant. CORAM : A.S.OKA, J. DATE : 03 rd October, 2011. P.C. . The learned counsel appearing for the Applicant states that Respondent No.4 is dead. As per office remark, Respondent Nos.1 to 3 and 5 to 11 have been served. The affidavit of service bears acknowledgment of Respondent Nos.12 and 13. 2 Perused the application. In paragraph No.5 of the application, it is stated thus: “5. In such circumstances, the applicant submits that there was an incorrect statement which was made under bonafide belief that the Petition has become infructuous. As the petitioner is having two matters consequently, instead of making a statement in Writ Petition No. 8307 of 2010, submission was made in 2 26 caw.1593.11 the above referred Petition. The applicant submits that the said statement was erroneous and, therefore, the application submits that this application is filed. The applicant further submits that the applicant gave instructions for making a statement in Writ Petition No. 8307 of 2010. However, as the petitioner is common in both the Writ Petitions, the statement was made by an inadvertent mistake in the above referred Writ Petition.” 3 In paragraph No.6, it is states that the petition has not become infructuous. In paragraph No.7, it is stated that the mistake was unintentional. The statements made in the civil application are accepted. 4 Accordingly, a case is made out for recalling the order dated 16 th December, 2010. 5 The order dated 16 th December, 2010 is recalled and the writ petition is restored to the file. [ A.S.OKA, J ]