1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.42 OF 2006 IN WRIT PETITION NO.4245 OF 1997 Desh Chemicals Private Limited ..Applicant V/s. Kulgaon Badlapur Municipal Council ..Opponent Mr.Anilkumar Patil, Advocate, for the applicant None for the opponent CORAM : S.B.MHASE & R.M.SAVANT, JJ. DATE : 31ST JULY, 2009 P.C. . Last time this matter was on Board on 24th July, 2009. The learned counsel for the applicant requested for time and hence the matter was adjourned for today. 2. The above Civil Application is for restoration of the Writ Petition No.4245 of 1997 which was dismissed by an Order dated 17th November, 2 2005. The said dismissal Order mentions that apart from stating the reasons for absence at the time when the matter was called out the petitioner should state the manner in which or the reasons for which according to him the Writ Petition even now survives. 3. Today the learned counsel for the applicant is unable to satisfy that the cause of action still survives. Hence, no case for restoration is made out. The above Civil Application to stand disposed of accordingly. ( R.M.SAVANT, J.) ( S.B.MHASE, J. )