1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 3021 OF 2008 IN MCA (Rest) ST. NO. 5908 OF 2008 IN WP NO. 5534 OF 2007 (Shri Kailash Ganpath Patil vs. District Collector & Ors.) 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 & F.M. REIS, JJ. AUGUST 17, 2009. Heard Mrs. Chandekar, learned counsel for the applicant, Mr. Mirza, learned AGP for respondent No.1 and Shri Mishra, learned counsel for respondents No.2 & 3. In Civil Application, prayer is to condone delay of 19 days in filing MCA St. No.5908 of 2008. Mr. Mirza, learned AGP for respondent No.1 and Shri Mishra, learned counsel for respondents No.2 & 3 are opposing the prayer for condonation of delay. However, we find that the matter was listed on 16th February 2008 when the counsel for the petitioner was out of station and, therefore, could not learnt about its dismissal in default. In the circumstances, delay of 19 days is condoned. MCA (Restoration) St. No. 5908 of 2008 Heard respective parties. 2 By separate orders on Civil Application No. 3021 of 2008 above, this Court has condoned delay of 19 days and for the reasons recorded therein, Writ Petition No. 5534 of 2007 is hereby restored back to file by recalling order dated 16th February 2008. Mr. Mirza, learned AGP for respondent No.1 and Shri Mishra, learned counsel for respondents No.2 & 3 waive notice after restoration of writ petition. JUDGE JUDGE *GS.