1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2069 OF 2009 IN WRIT PETITION NO.717 OF 1992 _____________________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Registrar’s orders Mr.D.S.Mhaispurkar i/b Ashwin R.Kapadnis for the applicant. CORAM : D.B.BHOSALE, J. DATED : 6TH NOVEMBER, 2009 P.C. :- 1. Leave to amend title of the civil application. Amendment to be carried out forthwith. 2. Heard learned counsel for the applicant and respondent no.1 in person. 3. The affidavit tendered by respondent no.1 in person is taken on record. 4. By this civil application, the applicant has prayed for restoration of writ petition which was dismissed for default on 18.9.2006. There is a delay of more than two years in filing this civil application. I have perused the reasons stated in the application and more particularly paragraph 4 thereof so 2 also the affidavit filed by respondent no.1. Keeping that in view and having considered overall facts and circumstances of the case, in the interest of justice I deem it appropriate to allow the civil application with costs. Hence I pass the following order: Civil application is made absolute in terms of prayer clause (a) and (b) subject to payment of cost by the applicant of Rs.5,000/- to be remitted to respondent no.1 within a period of three weeks from today. If the costs, as aforementioned, is not paid by the applicant, the writ petition shall stand dismissed for non prosecution without reference to the court. The applicant shall give intimation to the office alongwith proof of payment of cost within a period of three weeks from today. Civil application is disposed of. Office to place the writ petition for final hearing in the week commencing from 7.12.2009. (D.B.BHOSALE, J.)