1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAO. St. No.1743/2011 in MCA .... /2011 in First Appeal No.399/2002 M/s. New India Assuranc eCo. Ltd. Vs. Smt. Gopikabai Arjun Malgaon and others. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. A. j. Pophaly, Adv. for the appellant. Mr. Tejas Patil, Adv. h/f Advocate Parchure for the respondent nos. 1 to 4. CORAM : R.M. SAVANT, J. DATED : 8/2/2011. By the above said application, the applicant seeks condonation of delay of 90 days in filing the application for restoration of the above First Appeal. The reasons therefor are mentioned in the civil application. Learned counsel for the respondents 1 to 4 submits to the orders of the Court. Civil Application is, therefore, allowed. The delay of 90 days in filing the restoration application of the above First Appeal is condoned. Civil Application is accordingly allowed. CAF No. 1742/2011 By the above civil application, the applicant prays for restoration of the above First Appeal, which has been dismissed for non-prosecution, on account of the fact that none appeared on behalf of the 2 appellant when the matter was posted for final hearing. The grounds as to why the counsel could not present at the hearing of the First Appeal are mentioned in the civil application. Learned counsel appearing for the respondents 1 to 4 i. e. original claimants has no objection to the First Appeal being restored, but he states that the First Appeal may be listed for final hearing immediately. In my view, case for restoration of the First Appeal is made out. The request made by learned counsel appearing for the respondents 1 to 4 is also reasonable. The civil application is accordingly allowed. Resultantly, First Appeal No. 399/2002 is restored to file. List the First Appeal for final hearing in the week commencing from 28th February, 2011. Civil Application is accordingly disposed of. CAF122/2011 In view of the fact the First Appeal itself is directed to be listed for final hearing in the week commencing from 28th February, 2011, no orders are necessary to be passed on the civil application. Civil Application is accordingly disposed of. JUDGE Ambulkar