:1: :1: :1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.447 OF 2008 North Bombay Central Corp. Consumer Wholesale & Retail Stores Ltd. .. Petitioners. Vs. Brihanmumbai Mahanagar Palika & Ors. .. Respondents. Mr.R.M.Nakhwa for the petitioners. Mr.H.A.Bhor for the respondents. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. CORAM : D.B.BHOSALE, J. DATED : 5TH MARCH, 2008. DATED : 5TH MARCH, 2008. DATED : 5TH MARCH, 2008. P.C.: P.C.: P.C.: . Heard learned counsel for the parties. 2. Rule, returnable forthwith. By consent of learned counsel of the parties taken up for final hearing. Mr.Bhor, learned counsel waives service for the respondent-corporation. 3. By this writ petition, the petitioners challenge the order dated 18th August, 2007 passed by the appeal court rejecting Misc. Notice No.33 of 2007 in Municipal Appeal St.No.2230 of 1999 taken out by the petitioner for restoration of their appeal. I perused the application so also the impugned order. In appears that the appeal was dismissed for default. :2: :2: :2: In my opinion, no fault can be found with the order of the court which is impugned in the present petition. It appears that the petitioners had engaged an advocate and it was his responsibility to remain present and represent them in the court. Keeping that in view and considering that the appeal involves substantial proprietary rights of the petitioners and that the petitioners are willing to pay sufficient costs to the corporation the appeal deserves to be restored and heard on merits. Therefore, in my opinion, following order would meet the ends of justice: . Rule in the petition is made absolute in terms of prayer clause (b) subject to condition that within a period of two weeks from today the petitioner shall pay an amount of Rs.15,000/- as and by way of costs to the corporation. The petitioner shall also deposit 80% of the amount computed by the corporation which learned counsel for the corporation submits that they shall furnish it to the petitioners within two weeks from today. On such deposit being made by the petitioner the court below shall proceed to decide the appeal in accordance with law expeditiously. The writ petition is disposed of. Certified copy expedited. :3: :3: :3: (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)