1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 874 OF 2009 IN FIRST APPEAL NO. 1000 OF 2006 Bholaram Ramdev Gupta since deceased through L.Rs. 1. Keshav Bholaram Gupta & ors........Applicants versus Vikram F. Gupta ........ Respondent. Mr. M.D. Parab i/b N. Deepak & Co. adv. for the Applicants Mr. V.R. Tripathi & Asso.. adv. for the respondent CORAM: A. P. DESHPANDE, J. DATED : 18th MARCH, 2009. P.C.: 1.. By the present application, the applicant is seeking restoration of C.A. No.4702/05 for appointment of Court Receiver. The application came to be dismissed on 19/11/2008 on account of non appearance of the advocate for the applicant. It is stated in the application that the father of the applicant had attended the matter and the applicant's advocate has been deligent all through out and is attending the court. However he did not remain present on 19-11-2008 as he had not come to the court. It is submitted that a client would not be made to suffer for the mistake on the part of the counsel. It is submitted that the appeal is of the year 2006 and admitted long before. It is 2 emphastically contended that if the appeal is not restored to file, the appellant would be put to suffer irreparable loss and undue hardship would be caused. Having regard to the totality of the facts and circumstances, in the interest of justice, I allow the application, condoning the delay and setting aside the order dismissing the application in default. Hence application stands restored to file. The learned counsel for the respondent seeks time to file reply to C.A. 4702/05. Time as prayed for is granted. Stand over for six weeks. (A. P. DESHPANDE, J.)