1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LPA NO. 205/2009 IN CA NO. 212/2009 IN MCA NO. 326/2009 IN WRIT PETITION NO. 3995 OF 2005 (Vijay Bahadur Singh & Anr. vs. Smt. Kamala Nanaji Bilwarkar & 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 03, 2009. Heard finally with the consent of Shri Shah, learned counsel for the petitioners and Shri Agasti, learned counsel for the respondents By the impugned order dated 6th March 2009, the learned Single Judge of this Court has rejected Civil Application No. 212 of 2009 and thereby MCA for restoration Stamp No. 18406 of 2008. The result is Writ Petition No. 3995 of 2005, which came to be dismissed in default, has not been restored. Shri Shah, learned counsel for the appellants argues that the appellants were dependent upon local advocates and in unfortunate circumstances as necessary cooperation could not be procured, writ petition came to be dismissed. He states that this happened on two occasions. Shri Agasti, learned counsel for the respondents is strongly opposing the prayers and he 2 contends that LPA is not maintainable. As this has happened on two occasions and hence, this Court should not interfere in the matter. As writ petition has been dismissed in default, it is apparent that it is final judgment/ order, therefore, Letters Patent Appeal is maintainable. Similarly, the fact that the appellants did not get necessary assistance from local advocates is also borne out from the records. We do not find any malafides on their part. Hence, subject to the appellants paying Rs.5,000/-, the orders dated 6th March 2009 are hereby quashed and set aside. If the amount of cost payable to the respondents is deposited with the Registry of this Court by said date, the prayers made in MCA Stamp No. 18406 of 2008 shall stand granted and Writ Petition No. 3995 of 2005 shall stand restored before the learned Single Judge. Shri Shah, learned counsel has stated that he is coming from Ahmedabad and, therefore, the matter should be fixed before the learned Single Judge for further consideration on some fixed date in the month of October 2009. Shri Agasti, learned counsel, who appears for the respondents, states that without acquiescing in the order passed by this Court, he has no objection if the matter is allowed to be placed before the learned Single Judge. In the interest of justice, we direct the office to place Writ Petition No. 3995 of 2005 before the 3 learned Single Judge on 8th October 2009. It is made clear that the date given and the consent given by Shri Agasti, learned counsel for the respondents, is without prejudice to the rights of the respondents to challenge this order. Letters Patent Appeal is disposed of accordingly. JUDGE JUDGE *GS.