B.AMIT STHALEKAR,J. - (1.) Civil Misc. Recall Application no.254256 of 2009 dated 18.9.2009 is taken up. Heard Sri Ashok Pandey, learned counsel for the petitioner and Sri S.C. Updhayay, learned Standing Counsel for the respondents on the application. This application has been filed seeking recall of the order dated 31.8.2009 whereby the petition was dismissed for want of prosecution. Cause shown in the affidavit filed in support of the application found sufficient. Application is allowed. Order dated 31.8.2009 is recalled and the writ petition is restored to its original number.
(2.) When the matter was taken up for arguments, it was found that there was no counter affidavit on record. The learned Standing Counsel, however, passed on to the court his copy of the counter affidavit and the same is taken on record. He also stated that counter affidavit was filed in the office on 24.7.2009.
(3.) office is directed to trace out the same and place it on record.;