1 Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.564 OF 2010 IN WRIT PETITION NO.456 OF 2010 Anwar Abdul Kadar Motiwala ..Applicant V/s. Iqbal Ishaq Sharif ..Respondent Ms.Smita Deokar h/f. Mr.Samir A. Vaidya, Advocate, for the Applicant Mr. P. Gidwani a/w. S. Nagradaria, for the Respondent CORAM : A.S.OKA, J. DATE : 22ND APRIL, 2010 P.C. . Heard the learned Counsel appearing for the Applicant and the learned Counsel appearing for the Respondent. 2. The learned Counsel appearing for the Respondent pointed out that an amount at the rate of Rs.1,500/- for the month of April and March, 2010 has not been deposited by the Applicant. The learned Counsel appearing for the Applicant 2 has produced for the perusal of the Court a Demand Draft taken out on 15th April, 2010 in the sum of Rs.3000/-. The learned Counsel appearing for the Applicant states that the Demand Draft will be immediately deposited with the Court of Small Causes. 3. The learned Counsel appearing for the Respondent opposes the restoration of the Writ Petition on the ground that the Applicant has repeatedly committed defaults. One of the grounds on which Writ Petition has been rejected is that though the Petitioner had shown willingness to pay the entire arrears, he did not comply with the assurance given to the Court. Considering the deposit of entire arrears up to February, 2010 and the fact that the Demand Draft for the amount payable for the months of February and March, 2010 is ready, one opportunity deserves to be granted to the Petitioner. Hence, Civil Application is allowed. Petition is restored. (A.S.OKA, J.) 3