1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application No.1072 of 2009 In Misc. Civil Application (Restoration) Stamp No.16313 of 2009 In Writ Petition No.246 of 2003 (D) (Municipal Council, Hinganghat and another v. Ashok s/o Narayanrao Nokarkar and another) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Dr. Anjan De, Advocate for Applicants. Shri M.P. Jaiswal, Advocate for R- 1. Smt. I.L. Bodade, AGP for R- 2. Coram : R.C. Chavan, J. Dated : 26 th February, 2010 By this application, the applicant-Municipal Council seeks condonation of delay in applying for restoration of Writ Petition No.246 of 2003 dismissed in default on 19-3-2009. The learned counsel for respondent No.1 has a serious objection. However, considering the fact that the applicant is a Municipal Council and dismissal of the petition without affording an opportunity of hearing to the Council may throw burden on the Council without its case being heard, the applications for 2 condonation of delay as well as restoration of the petition are allowed for the reasons mentioned therein, subject to payment of costs of rupees one thousand to respondent No.1 within a period of three weeks. By consent, list the petition for final hearing on 9-3-2010. Judge pdl