1. Heard learned Advocate Mr Bomi H Sethna for the applicant/original petitioner and learned Advocate Mr A K Dikshit appearing for learned Advocate Mr R K Mishra for the respondents No.1 and 2.
2. The present Misc. Civil Application has been filed by the applicant for restoration of Special Civil Application No.12583 of 2000 which has been dismissed for want of prosecution vide order dated 29.3.2012 on the ground mentioned therein. Learned Advocate Mr Shethna for the applicant/original petitioner has submitted that in fact the notice issued by this court was served upon the applicant but thereafter the applicant was convicted in the interregnum period and hence he could not instruct the concerned Advocate to appear on his behalf and thus Special Civil Application No.12583 of 2000 remained unattended. Learned Advocate for the respondents has specifically submitted that he has no objection at all, if this application for restoration is allowed.
3. Considering the special grounds narrated hereinabove, in my view, this Misc. Civil Application deserves to be allowed and is accordingly allowed. Special Civil Application No. 12583 of 2000 is restored to its original file.
[G.
B. SHAH, J.] msp Top