- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 166 OF 2009 IN APPEAL FROM ORDER No. 370 OF 2008 R. K. Golcha (H.U.F.) ... Applicant Vs. M/s. Aparna Hotels Pvt. Ltd. & ors. ... Respondents Mr. A. R. Khanna, for applicant. Mr. Mayuresh Baskar i/b D. S. K. Legal, for respondents Nos. 1 to 3. Mr. R. S. Alange for respondent Nos. 4 & 5. CORAM : R. V. MORE, J. DATE : JUNE 19, 2009. PC :- 1. Heard the learned counsel for the applicant and respondent Nos. 1 to 3 and 4, 5. Learned counsel for the applicant seeks leave to delete name of respondent No. 6. Leave is granted at the risk of the applicant. Amendment to be carried out forthwith. 2. Present civil application is taken out for restoration of Appeal From Order No. 370 of 2008. Said appeal was dismissed for non payment of Bhatta. The learned counsel for the applicant - 2 - submits that all the respondents were already served and therefore, she was under bona fide impression that Bhatta was not payable. The learned counsel for the respondent Nos. 1 to 3 and 4, 5 opposes the prayer of restoration of the appeal. However, in the interest of justice and for the reasons stated in the application, civil application is allowed in terms of prayer Clause (a). Appeal From Order No. 370 of 2008 is restored to file. Sd/- [ R. V. MORE, J.]