1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2098 OF 2006 IN WRIT PETITION NO.9323 OF 2004 Shri Bhaskar B. Wagh .....Applicant. V/s 1. The State of Maharashtra & Anr. ..... Respondents. ---- Ms. Deepa Malvankar h/f Mr. J.N Pawar for the Applicant. Mr. P.I. Khemani, AGP for the Respondents. ---- CORAM: DR. S. RADHAKRISHNAN & V. M. KANADE, JJ. DATE : 24TH AUGUST, 2006 P.C.: 1. Rule. 2. Rule is made returnable forthwith. 3. Respondents waive service. 4. Heard Learned Counsel for the Petitioner and learned AGP for the Respondents. 5. By this Civil Application, the Applicant is seeking recall of the Order dated 15/06/2006 whereby the Petition was 2 dismissed for default. 6. Perused the Civil Application. For the reasons stated therein, sufficient cause is made out. There is no case of inaction, negligence or want of bonafide. Hence, Civil Application is made absolute in terms of prayer clauses (A) and (B). 7. Place the Above Writ Petition for final hearing alongwith Writ Petition No. 2946 of 2004 on Board on 18th September, 2006. (DR. S. RADHAKRISHNAN, J.) (V. M. KANADE, J.)