1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1578 OF 2005 CIVIL APPLICATION NO.1578 OF 2005 CIVIL APPLICATION NO.1578 OF 2005 IN IN IN WRIT PETITION NO.9630 OF 2004 WRIT PETITION NO.9630 OF 2004 WRIT PETITION NO.9630 OF 2004 Shri Chandrakant Appasaheb Kone & Ors....Petitioners Vs. The Administrative Officer & Ors. ...Respondents ----- Mr.Shrishail Sakhare for Petitioners Mrs.M.P.Thakur, A.G.P. for Respondents 1 to 4 CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & CORAM: H.L.GOKHALE & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATED: 12TH AUGUST, 2005 DATED: 12TH AUGUST, 2005 DATED: 12TH AUGUST, 2005 P.C. P.C. P.C. 1. Heard Mr. Sakhare in support of this 1. Heard Mr. Sakhare in support of this 1. Heard Mr. Sakhare in support of this Application. Mrs. Thakur, A.G.P. appears for Application. Mrs. Thakur, A.G.P. appears for Application. Mrs. Thakur, A.G.P. appears for Respondents 1 to 4. Respondent No.3 is a formal Respondents 1 to 4. Respondent No.3 is a formal Respondents 1 to 4. Respondent No.3 is a formal party. party. party. 2. Application seeks restoration of Writ Petition 2. Application seeks restoration of Writ Petition 2. Application seeks restoration of Writ Petition No.9630 of 2004 which was dismissed on 2nd February, No.9630 of 2004 which was dismissed on 2nd February, No.9630 of 2004 which was dismissed on 2nd February, 2005 for non-prosecution. Paragraph 2 of the Civil 2005 for non-prosecution. Paragraph 2 of the Civil 2005 for non-prosecution. Paragraph 2 of the Civil Application gives explanation as to why nobody was Application gives explanation as to why nobody was Application gives explanation as to why nobody was present when the Petition was dismissed. We accept present when the Petition was dismissed. We accept present when the Petition was dismissed. We accept the explanation. Civil Application is allowed. The the explanation. Civil Application is allowed. The the explanation. Civil Application is allowed. The order of dismissal is recalled. order of dismissal is recalled. order of dismissal is recalled. 3. Writ Petition will stand restored to the file 3. Writ Petition will stand restored to the file 3. Writ Petition will stand restored to the file of the Court. Matter be notified for admission on of the Court. Matter be notified for admission on of the Court. Matter be notified for admission on 22nd August, 2005. 22nd August, 2005. 22nd August, 2005. (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) (H.L.GOKHALE,J.) 2 (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.)