: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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.165 OF 2007 CIVIL APPLICATION NO.165 OF 2007 CIVIL APPLICATION NO.165 OF 2007 IN IN IN CIVIL APPLICATION NO.732 OF 2006 CIVIL APPLICATION NO.732 OF 2006 CIVIL APPLICATION NO.732 OF 2006 IN IN IN APPEAL FROM ORDER NO.566 OF 2006 APPEAL FROM ORDER NO.566 OF 2006 APPEAL FROM ORDER NO.566 OF 2006 M/s. Pramukh Development Corporation ...Applicant. v. Laxmi Industrial Estate & Ors. ...Respondents. Smt.Sindha Shreedharan , adv. for the Applicant. Mr.B.R.Zaveri, adv. for the Respondent No.1 absent. CORAM: CORAM: CORAM: J.H.BHATIA,J. J.H.BHATIA,J. J.H.BHATIA,J. DATE: 18th January, 2008. DATE: 18th January, 2008. DATE: 18th January, 2008. P.C. P.C. P.C. 1. Heard the learned counsel for the applicant. None for the respondent no.1 though served. 2. This application is filed for setting aside the order dated 4th December, 2006 and for restoring Appeal From Order No.566 of 2006 to the file. As per the order dated 4th December, 2006, the appeal was dismissed as infructuous on the ground that as per the information given by the learned counsel for the respondent no.1, the suit itself was dismissed. The learned counsel for the applicant has pointed out that later on, the said suit was restored to the file by virtue of the order passed in Appeal From Order No.107 of 2007 and :2: thereafter, the issues were also framed. In view of this development, present application is allowed and the Appeal From Order No.566 of 2006 is hereby restored to the file. It be listed for admission. (J.H.BHATIA,J.) (J.H.BHATIA,J.) (J.H.BHATIA,J.)