mca55.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Misc. Civil Application No. 55/2010 in S. A. No. 322/1998 Prabhakar Dadaji Darne ..vs.. Sharad Janrao Darne Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders Mr. G. G. Modak, Advocate for applicant. Coram: R. K. Deshpande, J. Date : February 3, 2010 1. This application was listed before this Court on 02.02.2010. Mr. Modak, learned counsel for the applicant was asked to serve copies of this Misc. Civil Application to the learned counsel for the non applicant Mr. V. G. Wankhede. Accordingly, Mr. Modak, Advocate informs that copy has been delivered to Mr. V. G. Wankhede, Advocate with an intimation that the matter is listed on the Board today. However, when the matter is called out, none appeared for the non applicant. 2. After going though the averments made in the application, I am satisfied that case is made out for recalling order dated 13.11.2009 dismissing the Second Appeal No. 322/1998 in default. In view of this, the application is allowed. S. A. No. 322/1998 is restored to file. The M.C.A. stands disposed of accordingly. J UDGE kahale