1 NMS1473-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1473 OF 2011 IN CONTEMPT PETITION NO.47 OF 2009 IN ARBITRATION PETITION NO.110 OF 2008 Shree Krishna Hindu Merchants Club ..Petitioner Vs Shree Kunthu Impex Private Ltd. and ors. ..Respondents -- Mr.Cyrus Ardeshir a/w.Mr.Nikhil Rajani i/b.M/s.V.Deshpande & Co., for petitioner. Mr.Ram Kakkar i/b.Nagendra Dube, for respondent nos.1, 2 and 6 to 8. None for respondent nos.3 to 5. -- CORAM : R.G.KETKAR, J. DATE : 24 th JUNE, 2011 P.C: This Motion is taken by the petitioner for recalling order dated 29th April, 2011 passed by this Court in Contempt Petition No.47 of 2009. By that order, the Contempt Petition was dismissed in default. 2] Heard Mr.Cyrus Ardeshir, learned counsel for the petitioner, Mr.Ram Kakkar, learned counsel for respondent nos.1, 2 and 6 to 8. 3] The learned counsel for the petitioner has tendered Affidavit of 2 NMS1473-11.odt service dated 26 th March, 2011. The learned counsel for the petitioner has relied upon the judgment of this Court in the case of this Court in the case of Rajaram Waman Masurkar Vs. Lokmanya Shikshan Prasarak Kandal, Vadavali & ors, 2008(1) B.C.R.422 to contend that this Court has power to restore the Contempt Petition which is dismissed in default. 4] The learned counsel for respondent nos.1, 2 and 6 to 8 submitted that no sufficient cause is made out for the absence of the Counsel on behalf of the petitioners. In reply filed on their behalf, it was contended that the explaination tendered in paragraph 3 of the Affidavit in support of the Notice of Motion is unsatisfactory, inadequate and illegal. 5] I have considered the rival submissions made by the parties. In paragraph 3 of the affidavit in support of Notice of Motion, it was submitted that the petitioner was represented by an advocate. However, when the matter was called out, the Advocate was held up in an ongoing matter before the Debts Recovery Tribunal. The fact remains that the Contempt Petition was dismissed in default on 29th April, 2011. Present Motion is filed on 2nd May, 2011. I am satisfied that a case is made out for restoration of Contempt Petition. In my opinion, the interest of justice will be served by restoring Contempt Petition. 6] Notice of Motion is made absolute in terms of prayer clause (a) with no orders as to the costs. Contempt Petition stands restored to the file. [R.G.KETKAR, J.]