:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE REVIEW PETITION (ST) NO.1956 OF 2009 REVIEW PETITION (ST) NO.1956 OF 2009 REVIEW PETITION (ST) NO.1956 OF 2009 IN IN IN WRIT PETITION NO.5423 OF 1990 WRIT PETITION NO.5423 OF 1990 WRIT PETITION NO.5423 OF 1990 The Agriculture Produce Market Committee...Petitioner. v. The State of Maharashtra & Ors. ...Respondents. Mr.M.L.Patil , adv. for the Petitioner. CORAM: CORAM: CORAM: R.V.More,J. R.V.More,J. R.V.More,J. DATE: 3rd February, 2009. DATE: 3rd February, 2009. DATE: 3rd February, 2009. P.C. P.C. P.C. 1. Mr.Patil the learned counsel for the petitioner submits that the copy of the Review Petition is served on the respondents, however, in spite of service, none appears for the respondents. 2. Writ Petition No.5423 of 1990 was dismissed in default as nobody remained present on 22nd July, 2008 when the petition was called out for final hearing. Mr.Patil submits that he had filed appearance on behalf of the petitioner in the above writ petition, however, his name did not appear on the board and, therefore, he could not remain present when the writ petition was called out for hearing. In my view, the above explanation is sufficient to recall the order dated 22nd July, 2008. :2: 3. There is delay of 155 days occured in filing this review petition, petitioner has made prayer for condonation of the same. The petitioner was not aware about the order dismissing his petition for default. The petitioner has filed this review petition immediately after he came to know about the order on 19.1.2009. In these facts , delay is condoned. 4. In the facts and circumstances noted above, order dated 22nd July, 2008 passed in Writ Petition No.5423 of 1990 is recalled by condoning the delay occurred in filing the above review petition. Mr.Patil the learned counsel for the petitioner is directed to serve copy of this order on the respondents. 5. Office to place the Writ Petition No.5423 of 1990 on the board of final hearing. 6. Review Petition stands disposed off. (R.V.MORE, J.) (R.V.MORE, J.) (R.V.MORE, J.)