1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIIVIL APPLICATION NO. 111 OF 2009 IN CIVIL APPLICATION NO.69 OF 2007 IN CIVIL REVISION APPLICATION ST.NO.7306 OF 2007 M/s.Chairman, Mangalwedha Brahat Vivid Karyakari Seva Sahakari Society Ltd. Mangalwedha : Applicants. Versus Nandkishore Gopilal Marda : Respondent. Shri Priyal G Sarda for the Applicants. Shri Hamid Mulla for the Respondent. CORAM : R.M.SAVANT, J. DATED : MARCH 25, 2009 P.C. 1. Leave to amend so as to insert a prayer for condonation of delay in filing the above Civil Application is granted. Amendment to be carried out forthwith. 2 2. By the above Civil Application, the Applicants pray for condonation of delay in filing the Civil Application and seeks restoration of the Civil Application No.69 of 2007 which has been dismissed for non-prosecution on account of the conditional order dated 4/4/2007. By the said order, this Court issued Rule on the said Civil Application No.69 and 2009 which was made returnable on 15/6/2007 and, the Applicants were directed to serve private notice on the Respondents in addition to the Court's notice and file affidavit of service before the returnable date. The said Civil Application No.69 of 2007 came to be dismissed on account of the failure of the Applicants to file the said affidavit of service. 3. The delay in filing the above Civil Application has occurred, according to the Applicants, in view of the fact that the Applicants became aware of the dismissal of the said Civil Application No.69 of 2007 only on 27/2/2009. 3 4. In my view, considering the reason set out in the above Civil Application, case for restoration is made out. The above Civil Application is, therefore, allowed in terms of prayer clauses (a-1) and (b). 5. Resultantly, the Civil Application No.69 of 2007 is restored to file. 6. The Applicants to pay costs of Rs.1,000/- to the Respondent within four weeks from date. 7. The above Civil Application is accordingly disposed of. [R.M.SAVANT, J]