1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR Civil Application No. 662 of 2009 IN Misc. Civil Application (Resto.) St. No. 10032 of 2009 IN Writ Petition No. 365 of 2009 [decided] [Rajendra B. Bhongade Vs. State of Mah. & ors.] Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Mr. Alok Upasni, Adv., for the applicant. Mrs. Indira Bodade, AGP for Respondent Nos. 1 to 4. Mr. Shende, Adv., for Respondent No.5. ----- CORAM : B.P. DHARMADHIKARI AND F.M. REIS, JJ. DATE : 31st July, 2009. 1. Heard learned Adv. Mr. Upasani for the petitioner, learned AGP for respondent nos. 1 to 4 and learned Adv. Mr. Shende for respondent No. 5. Respondent no.6 did not appear when writ petition was pending. Hence service upon him is dispensed with. 2. Prayer is to condone delay of 77 days on the ground that when the matter came to be dismissed in default, learned counsel for petitioner was out of station and, therefore, could not get immediate knowledge. 2 3. Respective Advs., are opposing the prayer. 4. However, we do not find any malafides. Hence delay is condoned. Office to register Misc. Civil Application. 5. In view of reasons already recorded by us prayer in Misc. Civil Application is already granted. Writ Petition No. 365 of 2009 is restored back to file. Judge Judge |Hedau| 3