1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2755/2009 IN WRIT PETITION NO.4586/2009 Forbes & Company Ltd APPLICANT VS. Carona Limited & Ors. RESPONDENTS Mr.Mayur Khandeparkar with Ms.Sapana Rachure i/b Mr.T.N.Tripathi for Petitioner/applicant Mr.Harzodh Singh for Res.3 CORAM: MRS.MRIDULA BHATKAR,J. DATE : 18th DECEMBER,2009. P.C. . This Civil Application is filed for restoration of the petition , which was dismissed for want of prosecution on 21/8/2009. 2] None present for respondent no.1, who is the main contestant . 3] Learned counsel appearing for the applicant submits that they tried to serve respondent no.1 at its registered address. However , the notice is returned with remark ‘ shifted’ . Learned 2 counsel submits that the applicant has verified the address of respondent no.1 from the office of Registrar of Companies and it is found that the same address is shown as the address of respondent no.1. The applicant has filed affidavit of service to that effect. Learned counsel for the applicant submits that it is the duty of respondent no.1 to communicate the new address to the Court and correct it in the main proceeding i.e. the suit which is pending before the Small Causes Court. He submits that, therefore, it is to be treated as good service. 4] Considering the submissions of learned counsel for the applicant and for the reasons stated in paragraph 3 of the Application , the Civil Application is allowed. (MRS.MRIDULA BHATKAR,J.)