1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR MISC.CIVIL APPLICATION NO. 173/2010 IN CONTEMPT PETITION NO. 38/2004 Shyamsunder Daulatram Bhambhawani ..versus.. The Khatijabai Haji Ibrahim Tayyab and others =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-== Ms. M.D.Bhambhawani, Counsel for petitioner Mr. Haq, counsel for Respondent no.1 Mr. Rizwy, counsel for respondent no.3 C ORAM : K.U.CHANDIWAL, J. DATED : 16th JUNE, 2010. Counsel for Respondent No.1 - Trust and counsel for respondent no. 3 present. Heard. 2) The dismissal of Contempt Petition No. 38/2004 on 4th January, 2009 in default is sought to be recalled. The learned counsel for the petitioner informs and not controverted, when the matter was called before this Court, the counsel attended the same at 10.30 a.m. However, she left the Court as she was required to attend Ceremony of 12th Day of her paternal cousin brother namely Murlidhar Gopwani, who expired on 23.12.2009. The counsel could not reach the Court in 2 second half. She in spite of efforts could not get communicated with Advocate Anoop Dhore to mention the matter, if called, as his mobile phone was not reachable. 3) The grounds mentioned demonstrate, there was no deliberate attempt on the part of the petitioner to drag the proceedings. Indeed, it was interest of the petitioner as the petitioner lodged contempt of the order of this Court of non-compliance. It is not that by virtue of dismissal, any rights accrued to the respondents herein will be frustrated. 4) The contention that contempt petition once dismissed cannot be recalled or restored is answered by the Division Bench in the matter of Rajaram vs. Lokmanya, dated 19.7.2007, by overruling the earlier verdict of this Court reported in AIR 2006 (1) Bombay 815, Division Bench held, that the contempt petition dismissed for default can be restored to the original position. 5) Taking stock of above facts, the contempt petition is restored to the original position. The order of dismissal is recalled. Application allowed. (K.U.Chandiwal) JUDGE. Rvjalit