1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Civil Application (CAO) No.841 of 2011 In Misc. Civil Application Stamp No.9569 of 2011 (for Restoration) In Writ Petition No.1039 of 2006 (D) (Bhandara District Central Co-operative Bank, Bhandara v. The Assistant Provident Fund Commissioner, Nagpur) Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Shri Deshpande, Advocate, holding for Shri A.M. Ghare, Advocate, for Applicant/Petitioner. Dr. R.S. Sundaram, Advocate for Non-Applicant/Respondent. Coram : R.K. Deshpande, J. Dated : 17 th August, 2011 Civil Application (CAO) No.841 of 2011 : This is an application for condonation of delay caused in filing an application for restoration of Writ Petition No.1039 of 2006, which was dismissed in default on 13-9-2010. In para 3 of the application, the reason stated for 2 non-appearance of the counsel on 13-9-2010 is that the counsel for the petitioner was busy in arguing another matter before another Court, when the matter was called out by this Court. If this was the position, then the ignorance of the order dismissing the matter on 13-9-2010 cannot be accepted. However, keeping in view the fact that the writ petitions involving identical questions are pending before this Court and that the present writ petition was also admitted and the interim relief was granted, the delay caused in filing an application for restoration is required to be condoned, subject to the applicant paying the costs of Rs.1,000/- to the High Court Legal Services Sub-Committee, Nagpur, within a period of two weeks from today. In view of above, the application is allowed. The delay of 236 days caused in filing an application for restoration is condoned. The application is disposed of. Misc. Civil Application Stamp No.9569 of 2011 (for Restoration) : This is an application for recall of the order dated 13-9-2010 dismissing Writ Petition No.1039 of 2006 in default. For the reasons stated in the application, I am satisfied that a case is made out for restoration. Hence, the application is allowed. The order dated 13-9-2010 is recalled and Writ Petition No.1039 of 2006 is restored. 3 Writ Petition No.1039 of 2006 : Put up this matter along with the connected matters. Judge pdl