1 CA-900-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Mhi CIVIL APPLICATION NO. 900 OF 2011 IN APPEAL FROM ORDER NO. 143 OF 2011 Olvin S. Lobo .. Applicant vs. Roque Francis Rodrigues & Anr. .. Respondents Mr. C.P.Deogirikar,Advocate, for the applicant. Mr. D.D.Mello,Advocate for the respondent No.1. Smt. K.K.Soraan, Advocate, for respondent No.2. CORAM: J.H.BHATIA,J. DATE : 18th July, 2011. P.C. 1. Heard the learned Counsel for the partis. 2. The Appeal from Order No.143/2010 was dismissed in default on 8.6.2010 and it is sought to be restored. It appears that on 28.4.2010, none had appeared for the appellant and still the matter was adjourned to 8.6.2010 as a last chance. On 8.6.2011 the matter was called once, but none appeared and the matter was kept back. The matter was again called still none appeared and thereafter the 2 CA-900-11.sxw matter was dismissed in default. An application for restoration of the Appeal was filed. There is delay of 337 days. 3. It is contended that the concerned Advocate had not noticed as he met with some accident and he could not keep track of the matter. In fact, the reasons given for such a long delay are not very satisfactory. 4. Still in the interest of justice, the application is allowed in terms o prayers (a) and (b) subject to condition of payment of Rs.5,000/- as costs to the respondent No.1 and depositing Rs.2000/- with the State Legal Authority within two weeks. If the cost is not paid/deposited within the stipulated period, this application shall be deemed to have been rejected. If the cost is paid, the appeal be listed for admission on 8.8.2011. (J.H.BHATIA,J.)