1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR C.A NO. 494/2009 WITH M.C.A.ST.NO.4429/2009 ( Padmakar Wasudeorao Dorle .vrs. State of Maharashtra and others ) 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 AND F.M. REIS, JJ. DATED : AUGUST 4, 2009. Heard learned Counsel for the parties. Prayer is to condone delay of 1 year and 114 days in filing M.C.A. for restoration. Writ Petition No. 3867/2007 was listed for final hearing on 23.10.2007 and the learned counsel for petitioner could not remain present and hence it came to be dismissed in default. The learned Counsel realised this when the matter was checked in the registry and the fact of dismissal came to his knowledge. Learned A.G.P. is strongly opposing the prayer, however, we do not find any malafide and hence the delay is condoned. Office to register the M.C.A. ---- M.C.A.St.No. 4429/2009. This Court has today by separate order, condoned the delay of 1 year and 114 days delay in filing this M.C.A. 2 For the reasons recorded therein, order dated 23.10.2007 passed in Writ Petition No. 3867/2007 is recalled and Writ Petition is restored to file. Learned A.G.P. waives notice after restoration. Both the Civil Application and Misc. Civil Application stands allowed. JUDGE JUDGE Rgd.