1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.1785 of 2009 IN Writ Petition No.5031 of 2001 Baramati Grape Industries Ltd. .. .. Applicant v/s. State of Mah. & ors. .. .. .. Respondents Mr.D.J. Bhanage for Applicant. Mrs.M.P. Thakur, APG for Res.Nos.1, 2, 4 & 5. Mr.Aniket Nikam i/by Mr.S.A. Sawant for Res.No.6. ---- CORAM : B.H. MARLAPALLE & SMT.ROSHAN DALVI, JJ. Dated : 7th September, 2009 P.C. : 1.Heard Mr.Bhanage, the learned Counsel for the Applicant. Mr.Nikam instructed by Mr.Sawant appears for Respondent No.6. The learned AGP appears for Respondent Nos.1, 2, 4 and 5. 2.Writ Petition No.5031 of 2001 came to be dismissed for non-prosecution and non-compliance of the order directing payment of costs on 9.1.2009. 3.By an earlier order dated 27.4.2006 passed in Civil Application No.1289 of 2006, the said civil application was allowed and the writ petition was restored to file subject to payment of donation of Rs.500/- to the 2 Maharashtra State Legal Services Authority. It appears that when Writ Petition No.5031 of 2001 had come up before the Division Bench on 9.1.2009, none had appeared for the Petitioner and there was no material to suggest that the earlier order dated 27.4.2006 was complete. 4.Mr.Bhanage, the learned Counsel for the Applicant, has placed before us a copy of the Receipt dated 19.6.2006 issued by the Maharashtra State Legal Services Authority, which indicates that an amount of Rs.500/- was remitted to the said Authority by the Petitioner pursuant to the order passed in Civil Application (Stamp)No.4872 of 2006 filed in Writ Petition No.5031 of 2001. Thus, the compliance of the order dated 27.4.2006 was already made by the Petitioner. 5.In these circumstances, delay is condoned and the application is allowed in terms of prayer clause (b). Writ Petition No.5031 of 2001 is directed to be added in the present final hearing board at its appropriate place. [SMT.ROSHAN DALVI, J.] [B.H. MARLAPALLE, J.]