1 34-caw-1644-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1644 OF 2011 IN CIVIL APPLICATION NO.3172 OF 2010 IN WRIT PETITION NO.3392 OF 2010 Mahanagar Telephone Nigam Ltd. .. Applicant V/s. Shri Baban K. Nikalje .. Respondent. Mr. Ashok Verma along with Mr. S. R. Rajguru, for the Applicant. Ms. Rita Joshi, for the Respondent. CORAM : K.K.TATED, J. DATE : 10th AUGUST, 2011. P.C.: 1 Heard the learned counsel for the parties. 2 This application is preferred by Original Petitioner for restoration of Civil Application No.3172 of 2010 which was dismissed for default by this Court (Coram: Smt. Nishita Mhatre, J.) on 14th January, 2 34-caw-1644-2011.sxw 2011, as no one appeared on behalf of the Applicant, when the matter was called out. 3 Considering the submission made by the learned counsel for the Applicant and the averments made in the Civil Application, Civil Application is allowed in terms of prayer clauses (ai) & (a) which reads thus:- “(ai) Delay in filing this Application be condoned, if any. (a) That the Order of dismissal dated 14th January, 2011 in the Civil Application No.3172 of 2010 in the aforesaid Writ Petition No.3388 of 2010, be set aside.” 4 Civil Application is disposed of. (K.K.TATED, J.)