1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO.1473 OF 2009 Habibur Raheman s/o Shaikh Mehboob, age 54 yrs, occ. Business, r/o Modern Saw Mill, Garden Road, Paithan Dist. Aurangabad. ..PETITIONER V E R S U S 1. The Executive Engineer, MSEB Presently Mahavitaran Company Shramik Vij Kamgar Bhavan, Opp. S.T. Stand, Aurangabad. 2. The Assistant Engineer, MSEB Presently Mahavitaran Company, Paithan, Dist. Aurangabad. ..RESPONDENTS Shri M.S. Chaudhary, Advocate for the petitioner. Shri H. T. Joshi, Advocate for the respondents. --- CORAM : B. R. GAVAI, J : DATE :23rd JUNE, 2009. PER COURT :- 1. Rule. Rule made returnable forthwith. 2. Heard by consent. 3. By way of present petition, the petitioner challenges the order dated 01/07/2008 vide which the suit filed by the present petitioner came to be dismissed for want of prosecution. 2 4. The petitioner has filed a suit for mandatory injunction directing the respondent-defendant for reconnection of electricity supply without insisting for the payment of Rs.40,000/-. 5. It appears that an application for restoration of electric connection during the pendency of the suit was also filed, same was allowed. 6. However, it appears that when the suit was kept for hearing on exhibit 20, both the learned counsels for the plaintiff as well as defendant were absent and as such, the suit came to be dismissed. 7. I find that instead of foreclosing the doors of justice, to the litigants on account of mistake by a lawyer, it would be in the interest of justice that the suit is decided on its own merit. In so far as prejudice caused to the respondents is concerned, same can be compensated by imposing costs. In that view of the matter, rule is made absolute on the condition that the petitioner shall deposit costs which are quantified at Rs.3,000/- (Rs. Three thousand only) in the trial Court within a period of two weeks from today. On deposit of the costs, respondents would be entitled to withdraw the same. ( B. R. GAVAI ) JUDGE aaa/wp1473.09 ----