FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 6300 OF 2009 WITH CIVIL APPLICATION NO. 129 OF 2009 IN WRIT PETITION NO. 212 OF 1994 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ For the reasons mentioned in the application, in our view, being sufficient cause and in any case, in the interest of justice, delay of 113 days in filing this review application deserves to be condoned. In so far as the prayer for recalling and setting aside the order dated 11.7.2008 is concerned, we find merits in the submission that the order under review came to be passed in absence of advocate for the petitioner, who if had remained present, could have pointed out the position stated in the reply affidavit filed by the respondents that the petitioner had already exhausted the remedy before the Maharashtra Administrative Tribunal by way of Original application No. 593 of 1993, which came to be dismissed on 22.6.1993. As matter of fact, the petitioner has approached this Court by way of present writ petition, claiming same relief as were in the original application. In substance, the petitioner intends to challenge the order passed by the Tribunal dated 22.6.1993. The fact that such specific relief is not claimed in the writ petition, will not preclude the petitioner to amend the writ petition after restoration of the petition to its original number. In the circumstances, in the interest of justice, review petition is allowed. The order passed on 11.7.2008 in writ petition No. 212 of 1994 is recalled and the writ petition is restored to its original number on the condition that the petitioner shall carry out the amendment within two weeks from today, failing which the petition be treated as dismissed for non prosecution without further reference to the Court. If the steps are taken in time, the writ petition be listed for final hearing as per its turn. (S. S. SHINDE. J.) (A. M. KHANWILKAR, J.) Date:25.01.2010. rlj/