1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2020 OF 2009 IN FIRST APPEAL NO.740 OF 1994 State Bank of India ....Applicant V/s. M.J. Fertlizers Ltd.& Ors. ....Respondents Mr.Farhan Dubash with Ms.Mehta Dagli i/b Mulla & Mulla & C. B. & C. for the Applicant. Mr.Amit Borkar for Respondent Nos.2 and 3. Mr.S.M. Kamble i/b Mr.A.P. Mundargi for Respondent No.4. CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. DATE : 5TH MAY, 2009. P.C. : 1. Heard Mr.Dubash, instructed by M/s.Mulla & Mulla & C. B. & C. for the Applicant – bank. 2. As Respondent No.6 in First Appeal No.740 of 1994 was not served despite repeated opportunities, we had passed a conditional order on 16.4.2009. Consequently, the Registrar passed an order holding that the appeal stood dismissed on account of the conditional order dated 16.4.2009. 3. We have gone through the record and noted that the affidavit of service has been filed on behalf of the Appellant on 28.4.2009 and a period 2 of two weeks as stated in our order dated 16.4.2009 would have expired on 30.4.2009. It appears that the affidavit escaped the attention of the Registrar when he passed the order dismissing the appeal against Respondent No.6. 4. Hence this application succeeds and the same is allowed in terms of prayer clauses (a) and (b). 5. Filing of the affidavit in support of the application is dispensed with. (S.J.VAZIFDAR, J.) (B.H.MARLAPALLE, J.)