*1* caw.3104.09.wp.806.03.906.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3104 OF 2009 IN WRIT PETITION NO.806 OF 2003 Sirish Nandavadan Gor and another. ..Applicants -Versus- Presidency Co-op. Hsg. Society and others. ..Respondents .......... Mr.Satyajeet Mirajkar, for the Applicants. Mr.N.L.Thalrkar i/b Mint for the Respondent No.1. Mr.S.N.Bhosale, AGP, for the Respondent Nos.2 and 3/State. .......... CORAM : S.C.DHARMADHIKARI, J. Date : 16th June, 2011. P.C.: 1 Heard. 2 For the reasons set out in the Civil Application and finding that despite service, there is no affidavit in reply to oppose the grant of relief and particularly of restoration of Writ Petition which was dismissed in default; the delay is condoned and Civil Application is made absolute in terms of prayer clauses (a) and (b), which read thus:- “(a) That the delay of 405 days for taking out the Civil Application be condoned. (b) This Hon’ble Court be pleased to set aside the order dated 28th July, 2008 passed by his Lordship the Hon’ble Mr. Justice V.C. Daga passed in the above petition and the petition be restored.” *2* caw.3104.09.wp.806.03.906.sxw 3 However, the Applicants to pay costs quantified at Rs.2500/- to the Respondent No.1-Society, before 14th July, 2011. (S.C. Dharmadhikari, J)