1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application No. 538 of 2009 IN Misc. Civil Application (Resto.) St. No. 7897 of 2009 In Misc. Civil Application No. 422 of 2006 IN Writ Petition No. 1644 of 1996 [decided] [Bhupesh S. Tabhane Vs. Chairman & Managing Dir. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mrs. A.P. Shinde, Adv., for the applicant. Mr. N.W. Almelkar, Adv., for Respondent Nos. 1 and 3. ------ CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 18th August, 2009. Heard respective counsel. Prayer is to condone delay of 2 years and 289 days in filing M.C.A. St. No. 7897 of 2009 for restoration of Misc. Civil Application No. 422 of 2006. The application on affidavit of learned counsel mentions that as the matter was not marked in the Cause List, she could not appear and Misc. Civil Application came to be dismissed 2 in default. Adv. Mr. Almelkar is strongly opposing the prayers. He states that delay is of 2 years and 289 days and the application does not clearly state whether delay was in filing Misc. Civil Application No. 422 of 2006 or then Misc. Civil Application St. No. 7897 of 2009. According to him, the application does not show as to what was listed on 18th April, 2006. We have perused the affidavit and we do not find any malafides. Hence we condone the delay, with the result Office to register M.C.A. St. No. 7897 of 2009. Prayers in Misc. Civil Application St. No. 7897 of 2009 are also granted and Misc. Civil Application No. 422 of 2006 is restored back to file. Adv. Mr. Almelkar for respondent nos. 1 and 3 waives notice in Misc. Civil Application No. 422 of 2006. List the said Misc. Civil Application for consideration on 22nd September, 2009. Judge Judge |Hedau| 3 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Misc. Civil Application (Resto.) St. No. 10832 of 209 IN Writ Petition No. 1055 of 2009 [decided] [Satish P. Moon Vs. Union of India & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. M.M. Sudame, Adv., for the applicant. Mr. S.K. Mishra, Asstt. Solicitor General for respondents. ------ CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 18th August, 2009. Heard. 4 For reasons recorded today in the order passed on Civil Application No. 674 of 2009, prayers made in the Misc. Civil Application St. No. 10832 of 2009 are also granted. Order dated 26th March, 2009 is recalled. Writ Petition No. 1055 of 209 is restored back to file. Learned Asstt. Solicitor General waives notice upon restoration. Judge Judge |Hedau| 5