1 CA 3149/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3149 OF 2010 IN WRIT PETITION NO. 6044 OF 1996 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Suresh Dubey for the petitioners. Mr. N.M. Pungliya for respondent nos.1A to 1C, 2, 3A, 3B and 4. CORAM : D.G. KARNIK, J. DATE : 18TH JANUARY 2011 P.C. : 1. Heard learned counsel for the parties. 2. This is an application for restoration of the writ petition which was dismissed for non- prosecution on account of non-appearance of the petitioners and their advocate. 3. Learned counsel for the respondents submits that the petitioners want to delay the 2 CA 3149/10 matter and are adopting delaying tactics. He submits that even earlier the matter was dismissed for the same reason of non- appearance and was restored and again after restoration the petitioners allowed the matter to be dismissed. 4. Since the ground given is that the advocate was on his legs before another Court, the application is allowed subject to payment of costs of Rs.3000/- as a condition precedent. The petitioners shall deposit the costs in the Registry of this Court within 2 weeks. Liberty to the respondents to withdraw the costs. If the costs are not deposited within 2 weeks, the application shall stand rejected without further reference to the Court. (D.G. KARNIK, J.)