IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1124 OF 2009 IN WRIT PETITION NO.4659 OF 2001 Dadaso B. Survase ...Applicant Vs. State of Maharashtra & Ors. ... Respondents --- Shri Ashwinkumar Kapadnis for Applicant Shri A.P. Vanarase AGP for Respondent Nos.1 and 2 Shri S.G. Kudle for Respondent Nos.3 and 4 ---- CORAM: V.M. KANADE J. DATED 17TH JULY, 2009 P.C. 1. Heard the learned Counsel appearing on behalf of the Applicant and the learned Counsel for the Respondents. 2. This is an application for restoration of the writ petition which was dismissed for default by order dated 12th September, 2008. It is submitted by the learned Counsel appearing on behalf of the Applicant that the Applicant has made an enquiry with his advocate and he informed that writ petition is pending. However, subsequently when he had made enquiries in the office of this Court, he informed that the petition has been dismissed for default. It is submitted that the Applicant was diligent and making enquiries with his advocate from time to time and because of fault on the part of the advocate, the Applicant should not be penalized. 3. The learned Counsel of the Respondent has vehemently opposed the writ petition. 4. The petition was dismissed for default and the civil application is filed on 28th April, 2009 and there is a delay of almost 170 days in filing this civil application. 5. Taking into consideration, the explanation given by the Applicant. In my view, for the fault of the Advocate, the Petitioner should not be penalized. Delay, therefore, is condoned. The order dated 12th September, 2008 is recalled. Writ petition is restored to the file. Application is, accordingly, disposed of. V.M. KANADE J.