IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 173 OF 2009 IN SUO MOTU WRIT PETITION NO. 2 OF 2006 MS. OLGA D'SOUZA ... Applicant Mr. Amit Palekar, Advocate for the Applicants. Ms. Norma Alvares, Advocate as Amicus Curiae. Mr. M. Salkar, Addl. Government Advocate for the Respondent nos. 2 and 3. Coram:- P. B. MAJMUDAR & U. D. SALVI, JJ. Date:- 18th February, 2009 P.C. On 16.02.2009, this Court issued a non-bailable warrant for securing the presence of the Sarpanch Mrs. Olga D' Souza, though in the Order, her name is wrongly mentioned as D' Silva. A non-bailable warrant was also issued against Mr. Vidhur Fadte. By filing this Misc. Civil Application, it is submitted that because of lack of communication of the earlier Order, that the Sarpanch and the Secretary could not remain present before this Court on that day. It is submitted that even the amount of fine has been paid as per the earlier Order of this Court. Under the circumstances, it is prayed that the said Order may be recalled and the non-bailable warrant may be cancelled. 2. After hearing the concerned Advocates, we are of the opinion, that now when the Sarpanch and the Secretary both are present before us and they have assured that they will remain present on the next date, the Order passed by this Court on 16.02.2009 issuing non-bailable warrant is recalled. 3. The learned Counsel for the applicants in this Misc. Civil Application submitted that both of them will remain present on the next date of hearing. 4. The Misc. Civil Application is accordingly allowed by recalling the Order of non-bailable warrant. The order issuing non-bailable warrant is accordingly not to be implemented and the same stands cancelled. 5. Misc. Civil Application is disposed off accordingly. P. B. MAJMUDAR, J. U. D. SALVI, J. arp/*