1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2401 OF 2008 CIVIL APPLICATION NO. 2401 OF 2008 CIVIL APPLICATION NO. 2401 OF 2008 IN WRIT PETITION NO. 5724 OF 2002 WRIT PETITION NO. 5724 OF 2002 WRIT PETITION NO. 5724 OF 2002 Mr. Minochar R.Sethna & Ors. ... Petitioners (Org.Plaintiffs) Versus Mrs. Silloo Jal Billimoria & Ors. Respondents (Org.Defendants) Mr. Rajesh Patil, Advocate, for the petitioners. Mr. G.H.Keluskar, Advocate for respondent No.1 - Absent. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE: 5th December,2008. DATE: 5th December,2008. DATE: 5th December,2008. P.C. P.C. P.C. 1. Writ Petition No. 5724 of 2002 was dismissed for non-compliance of the conditional order of service on the respondents within four weeks. 2 2. By this Application, the petitioner seeks to restore that petition. It is pointed out tha the notice was, in fact, served within four weeks, but when the petition was dismissed, the acknowledgment was not yet received. Now, the certificate about receipt is produced along with the application. 3. Therefore, the Application is allowed and the Writ Petition No.5724 of 2002 is restored to file. The petitioners are allowed to file affidavit of service in the petition within two weeks from today. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)