JUDGMENT - KHANWILKAR A.M., J.:—Heard Counsel for the parties. Perused the affidavit filed in support of the motion as well as the affidavit in reply, opposing the motion. The relief prayed in this notice of motion is to recall and/or set aside the order passed by this Court in dismissing the contempt petition on the ground of default of the petitioner and his Advocate to appear when the matter was taken up for hearing.

2. Counsel for the respondents 5 and 6 submits that the relief claimed in this application, cannot be granted because this Court has no power to recall the order of dismissing the petition for default. In support of this submission, reliance was placed on the unreported decision of this Court dated September 29, 2003 in Notice of Motion No. 2740 of 2003 in Contempt Petition No. 69 of 2003 (Konark Builders Pvt. Ltd. v. Ramakant S. Damohe and others)1. However, on perusal of that order, there is nothing to indicate that the Court has stated the legal position as is pressed on behalf of the respondents, that once the contempt petition is dismissed for default, the Court has no power to set aside that order so as to restore the petition for being heard on merits. In my v

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