1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A. NO. 6697/08 IN MCA ST. NO. 10763/08 IN WRIT PETITION NO. 1459/07 Bhagwndas Rathi .vs. The General Manager, Model Mills, & another. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. -------------------------------------------------------------------------------------------------------------------------------------- Mr. V.S. Kukday, Advocate for applicant/petitioner, CORAM: J. H. BHATIA, J. DATED : FEBRUARY 16, 2009. Heard the learned Counsel for the applicant. The Writ Petition No. 1459/07 was dismissed in default for non-compliance of the office objections relating to payment of Bhatta as per order dated 23.7.2007. Inspite of service, none appears for respondents. Record reveals that in fact on 23.7.2007 Mr. Wachasundar, Advocate had waived the service on behalf of respondent no.1. Inspite of that, the office had raised the objection about non-payment of Bhatta which was totally unnecessary. Taking into consideration the circumstances, the delay in filing the application for restoration is hereby condoned and the Civil Application No. 6697/08 is hereby disposed of. The M.C.A. Stamp No. 10763/08 be registered. For 2 the reasons noted above, this application is also allowed and the Writ Petition is hereby restored to the file. The Writ Petition be listed for admission on 24.2.2009. J. JUDGE