1 902-caw-1297-2011.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1297 OF 2011 IN WRIT PETITION NO.10324 OF 2010 Nimaskhar Education Society, Pune. .. Applicant. V/s. Lallan A. Tripatho & Another .. Respondents. Mr. Tushar Sonawane i/b. P. S. Hagare, for the Applicant. Mr. A. M. Joshi, for Respondent No.1. CORAM : K.K.TATED, J. DATE : 12th JULY, 2011. P.C.: 1 Heard the learned counsel for the parties. 2 This application is preferred by the Original Petitioner for recalling the order dated 1st April, 2011 passed by this Court, dismissing the Writ Petition for default. 3 The learned counsel appearing for the Applicant submits that on 1st April, 2011 when the matter was called out for hearing, Advocate on record held up in the another matter. Therefore, no one appeared on behalf of Applicant. 2 902-caw-1297-2011.sxw 4 He further submits that there are good chance of success in the present Petition. He submits that in the interest of justice, be pleased to allow the present Civil Application by re-calling the order dated 1st April, 2011 and Writ Petition to be heard on its own merits. 5 The learned counsel appearing for Respondent No.1 vehemently opposed the present Civil Application. He submits that the Applicant failed to make out any case for re-calling the order dated 1st April, 2011. 6 Considering the submissions made on behalf of the Applicant and the averments in the Civil Application, same is allowed. Order dated 1st April, 2011 is re-called. Civil Application restore on board for admission. 7 Civil Application is disposed of accordingly. 8 Applicant to pay Rs.250/- to Respondent No.1 by way of cost, within four weeks from today. (K.K.TATED, J.)