* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURIDICTION NOTICE OF MOTION NO. 3302 OF 2009 IN APPEAL NO. 422 OF 2004 IN NOTICE OF MOTION NO. 2135 OF 2002 IN SUIT NO. 2538 OF 2002 Eastman Cast & Forge Ltd ......Appellant V/S. M/s. Taparia Tools Ltd ........Respondent --------- Mr.Raffeque with Mr.Santosh Kumar Mishra and K.G.Singhania i/by.Singhania & Co.,adv. for appellant. Mr.Salil Shah with Ms.Kanchan Shivkar i/by.Gajaria & Co.,adv.for respondent. CORAM : J.N.PATEL, & : SMT.R.P.SONDURBALDOTA, JJ. DATED : 22ND SEPTEMBER 2009. P.C. : 1. Heard learned counsel for the parties. 2. The only ground made out in the motion for restoration of the appeal, which was dismissed on 31st August, 2009 is that due to prior engagement in the other court, the Advocate for the appellant on record and their clerk were * 2 * held up in another court room and were engaged in the hearing of another matter. Apart from the fact that this is no ground for restoration of the appeal, no particulars have been given in respect of the prior engagement in other court. Therefore, we find that no case is made out for restoration of the appeal. 3. This court is required to take such a view as it is a common practice that when appeals are called for hearing, most of the time, advocates and their parties are absent and therefore the courts are left with no choice but to dismiss the matter for want of prosecution. Unless this court, takes some deterrent steps in the matter, it will be difficult for us to dispose off pending matters which are old. Before parting with this order, we may observe that it has never happened that this court has not accommodated the Bar, but then there is a limit for everything, and if this court starts accepting such flimsy excuses, this this will be a common feature. Therefore, we are not inclined to accept the ground made out in the motion and dismiss the same with costs. [J.N.PATEL, J] [ SMT.R.P.SONDURBALDOTA, J]