1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE APPELLATE SIDE APPELLATE SIDE CIVIL APPLICATION NO. 76 OF 2008 IN WRIT PETITION NO. 9455 OF 2003 R. E. MULAY .. PETITIONER VS. THE UNION OF INDIA & ORS. .. RESPONDENTS Ms. Saroj K. Shinde h/f S. P. Saxena for petitioner CORAM: SMT. RANJANA DESAI & SMT. R.S. DALVI, JJ. DATE: 17-1-2008 P.C. . On 10/1/08 this civil application was placed before us. Prayer in the civil application is that time to pay Bhatta charges be extended. . Our attention was drawn by the learned counsel to order dated 3/5/2005 passed by the Division Bench of this court. It was a conditional order which reads thus: "Respondents 2 and 3 remain to be served. Issue fresh notice to respondents 2 and 3 by ordinary process, registered post and 2 through courier, returnable on 14th July 2005. The requisite process fee, registration and courier charges shall be supplied by the advocate for the petitioner within two weeks from today failing which the writ petition shall stand dismissed without reference to court. In case compliance is made in time, notices maybe given humdast to the advocate for the petitioner. 3. Since the objections were not removed within the stipulated time, the petition was dismissed. No civil application is filed by the petition for setting aside the order dated 3/5/05. This fact was not pointed out to this court. Hence this civil application could not have been granted in terms of prayer clause(a). Order dated 10/1/08 is, therefore, recalled. JUDGE JUDGE