:1: :1: :1: srp. HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2750 OF 2008 CIVIL APPLICATION NO. 2750 OF 2008 CIVIL APPLICATION NO. 2750 OF 2008 IN WRIT PETITION NO. 8033 OF WRIT PETITION NO. 8033 OF WRIT PETITION NO. 8033 OF 2004. 2004. 2004. Yatin Nilkantha Bastav. ..Applicant. Versus. State of Maharashtra & Ors. ..Respondents. --- Mr. R. K. Mendadkar for the applicants. Mr. C. R. Sonawane A.G.P. for the Respdt. nos. 1, 2, 4 & 5 - State. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE: April 3, 2009. DATE: April 3, 2009. DATE: April 3, 2009. P.C. P.C. P.C. 1. Heard. This is civil application to set aside the order dated 17th March 2008 whereby the Division Bench of this Court has dismissed the aforesaid Writ Petition for non prosecution. 2. The ground mentioned in the civil application for restoration of the writ petition is that when the matter was called out, counsel for the petitioner was busy in some other Court and therefore he could not attend the matter. That cannot be a valid ground for setting aside the order. Counsel should have made an alternative arrangement for conducting the matter. However, for the :2: :2: :2: sake of justice we are inclined to set aside the order of dismissal and restore the petition, subject to cost of Rs.1,500/- (Rs. One thousand Five hundred only.). Cost to be paid in favour of the Kirtikar Law Library, High Court of Bombay, Mumbai within a period of one week from today. On payment of such cost, the petition stands restored. 3. We make it clear that in view of the dismissal of the writ petition the interim relief stood vacated on 19th March 2008 itself and we do not desire to restore the interim relief presently. However, the applicant is at liberty to make a separate civil application for interim relief, which will be considered independently on merits as on that date. 4. Civil application stands disposed of. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)