1 CAW-1665.11 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1665 OF 2011 IN CIVIL APPLICATION ;NO.1891 OF 2010 IN WRIT PETITION NO.5352 OF 2005 Growever Investment Pvt. Ltd. : Applicant. versus Sriniwas Jainarayan Bajaj and ors. : Respondents. ' Mr. D H Mehta i/by H R Shetty & Co. for the Applicant. Mr. A A Jain for the Respondent No.1. CORAM:­ R M SAVANT, J DATED :­ OCTOBER 07, 2011. P.C. 1 By the above Civil Application, the Applicant/Petitioner seeks restoration of the above Petition which has been dismissed for non­ prosecution by an order dated 12th June 2006 on account of non­ appearance of its advocate on the said date. It is required to be noted that the Applicant/Petitioner had filed Civil Application No.1891 of 2010 which was also dismissed for non­prosecution on 29th July 2010 for the same reason. 2 CAW-1665.11 2 The Applicant in the above Civil Application has stated the reasons for non­appearance of their advocate on the said dates i.e. 12th June 2006 and 29th July 2010. 2 The learned counsel for the Respondent No.1 submits to the orders of the Court. 3 In my view, considering the reasons mentioned in the above Civil Application for non­appearance of the advocate for the applicant on the aforesaid dates, they commend acceptance. The above Civil Application is therefore allowed in terms of prayer clauses (a) and (b). Resultantly the Writ Petition No.5352 of 2005 is restored to file. In the facts and circumstances of the case, the Applicant/Petitioner to pay costs of Rs.5000/­ to the Respondent No.1 to be paid within a period of four weeks from date. With the aforesaid directions, the Civil Application is disposed of. (R M SAVANT, J)