1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3697 OF 2008 IN FIRST APPEAL NO.386 OF 1990 Somnath B. Saraswat ..Applicant V/s. M/s.Badrivishal Enterprises & others ..Respondents M/s.Divya Shah & Co., Advocate, for applicant Mr.Salunkhe, Advocate, for the respondent Nos.1 and 4 CORAM : R.M.SAVANT, J. DATE : 25TH SEPTEMBER, 2008 P.C. . By the above Civil Application, the applicant prays for restoration of the above appeal which has been dismissed for default for non-appearance of the advocate on 11th June, 2008. In so far as the above Civil Application is concerned, the learned counsel for the applicant seeks deletion of the respondent No.2. In so far as the other respondents are concerned i.e.respondent Nos.1, 3 and 4, the learned counsel for the applicant has filed an affidavit of service 2 stating that the said respondents have been served. Mr.Salunkhe the learned counsel appears for the respondent Nos.1 and 4 states that the respondent No.3 is a member of the same family but is not available for signing the Vakalatnama. The learned counsel for the respondent Nos.1 to 4 further states that the appeal may be restored as the parties are exploring the possibility of settlement and would in all probability be filing the Consent Terms in the above First Appeal. The Civil Application is, therefore, allowed in terms of prayer clause (a). Resultantly, the above First Appeal is restored to file. On restoration the interim order which was operating in the above First Appeal to continue, pending hearing and final disposal of the appeal. List the above First Appeal under the caption of “settlement” on 1st October, 2008. (R.M.SAVANT, J.)