1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A.O. NO. 755 OF 2010 & M. C. A. ST. NO. 10923 OF 2010 IN WRIT PETITION NO. 3805 OF 1999 (Bengali Education Society & Another) -: VERSUS :- (Satyendra Chandra Chatterjee & Another) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : OCTOBER 12, 2010. Heard Shri Chatterjee, learned counsel on both applications. He states that as matter was not marked in cause list inadvertently it came to be dismissed and as dismissal came to his knowledge belatedly there is delay of 273 days. Respondent no.1 employee has chosen not to appear though he is served with notice. There was no appearance for him even on earlier occasions. Learned AGP Shri Kankale for respondent no.2 is opposing the request. The reasons disclosed are supported by personal affidavit of learned advocate. I do not find any 2 malafide, hence both applications are granted. Delay condoned. Order dated 26th August 2009 is recalled and Writ Petition No. 3805 of 1999 is restored back to file. List the matter for final hearing in the week commencing from 29th November 2010. Issue notice for restoration on respondent no.1 Employee returnable on 29th November 2010. Learned AGP waives notice for respondent no.2 after restoration. JUDGE SVK