-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 910 OF 2011 IN WRIT PETITION NO. 8178 OF 2009 Raosaheb Babasaheb Mangire. ..Applicant. Versus The Regional Joint Director of Sugar Co-operative Societies & Ors. ..Respondents. Mr. Jagdish G. Ardwad-Reddy for the applicant. Mr. A. D. Kango, AGP. Coram : RANJIT MORE, J. Date : April 25, 2011. P. C. : 1. Heard Mr. Reddy, learned counsel for the applicant and Mr. Kango, learned AGP for respondent nos.1 to 3. This civil application is filed for restoration of the above writ petition. 2. In above writ petition, by the order dated 1st December 2010, this Court issued fresh notice to respondent no.5 and made it returnable on 2nd February 2011. The petitioner was also directed to serve the said respondent by private notice and file affidavit of service. It was made clear in the said order that if the service affidavit is not filed by the petitioner on or before 27/1/2011, the petition would stand dismissed for non prosecution without further reference to the Court. The Advocate for the petitioner did not file service affidavit within the stipulated time srp -: 2 :- and therefore in terms of the order dated 1st December 2010, the petition stood dismissed as against respondent no.5. 3. The petition was dismissed even prior to respondent nos. 4 and 5 putting their appearance in the aforesaid writ petition, therefore, their presence is not necessary for the disposal of the present writ petition. In paragraph nos.3 to 6, the petitioner has given reasons in what circumstances, service affidavit could not be filed. I find those reasons are sufficient to restore the writ petition. Therefore, writ petition is restored to the file. Civil Application stands disposed of. (RANJIT MORE, J.) -: 3 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8178 OF 2009 Raosaheb Babasaheb Mangire. ..Petitioner. Versus The Regional Joint Director of Sugar Co-operative Societies & Ors. ..Respondents. Mr. Jagdish G. Ardwad-Reddy for the Petitioner. Mr. A. D. Kango, AGP. Coram : RANJIT MORE, J. Date : April 25, 2011. P. C. : 1. Issue fresh notice to respondent nos.4 to 26 returnable on 14th June 2011. 2. In addition to Court notice, advocate for the petitioner shall serve a private notice on the respondents either by hand delivery or through RPAD/Speed Post/Courier and shall file an affidavit of service before the returnable date. (RANJIT MORE, J.) srp