1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 4531/2008 with MCA ST. 9444/2008 IN SA NO. 466 OF 1992 (Gyaneshwar Khushalrao Rajgure vs. Corporation of Sisters of Holy Cross, Amravati) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 21, 2009. Heard Shri Loney, learned counsel for the appellant/ applicant and Shri De, learned counsel for the respondent. Both the applications are heard together. There is substance in the contention of Shri De, learned counsel that though notice for engagement of another advocate was served upon the applicant, for more than two years, he did not take any steps. Shri De, learned counsel has also pointed out the conduct as reflected from the order dated 9.8.1989 passed below Exh. 1 in Regular Civil Suit No. 552 of 1986. However, it appears that the applicant is running only a Dhaba at particular place. In the interest of justice, as the appeal was of the year 1992 and is admitted, he is given an opportunity to contest the matter, however, subject to payment of cost of Rs.10,000/- by the applicant to the non- 2 applicant by 5th February 2009. If the costs are so paid, Second Appeal shall stand restored. Shri Loney, learned counsel argues that if the Second Appeal is restored, it will be argued finally on 9th February 2009. Shri De, learned counsel has no object for final arguments on 9.2.2009. Office to list the Second Appeal for final hearing on 9.2.2009, if it is restored. JUDGE *GS.