1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi NOTICE OF MOTION NO.287 OF 2009 IN WRIT PETITION NO. 669 OF 1999. Union of India. .. Petitioners. vs. Shri R.Y. Shukla & Ors. .. Respondents. .... Mr. Suresh Kumar, for Petitioners. Mr. V.M. Parkar, for Respondent Nos. 2 & 3. .... CORAM : S.J.KATHAWALLA, J. DATE : 11 TH AUGUST 2009. P.C. This notice of motion is taken out by the petitioners for setting aside the order dated 6 th April 2009 and restoration of the writ petition no.669 of 1999. 2. The learned Advocate for respondent nos. 2 and 3 states that the order of dismissal dated 6 th April 2009, passed by this Court should not be set aside, since after the service of the notice of motion, he has written a letter to the learned Advocate for the petitioners to provide him with certain particulars based on which a case for 2 restoration of the writ petition is made out in paragraph 4 of the affidavit in support of the notice of motion. However, the learned Advocate for the respondent nos. 2 and 3 is unable to give the date on which the said letter was written or to produce a copy of such letter before the Court. 3. I have perused the affidavit in support of the notice of motion, wherein the reasons are set out as to why the Advocate for the petitioners could not remain present on 6 th April 2009 before the Court. In my view, the petitioners has made out a satisfactory case for setting aside the order dated 6 th April 2009. Accordingly, the order of dismissal dated 6 th April 2009 is set aside. However, the writ petition shall not stand restored since in the meantime, the order passed by the Hon’ble Division Bench of this Court dated 5 th January 2009 directing that if the petitioners fail to serve the respondents on or before 16 th July 2009, the suit shall stand dismissed, has come into force. 4. The learned Advocate for the petitioners states that the petitioners shall move the Hon’ble Division Bench seeking extension 3 of time for serving the respondents and for setting aside the dismissal of the writ petition which has come into force on 16 th July 2009. 5. In view of the above order, notice of motion stands disposed of, with no order as to costs. [ S.J.KATHAWALLA, J. ]