1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.3709 OF 2008 IN APPEAL NO.236 OF 2002 IN ARBITRATION PETITION NO.570 OF 2001 Ispat Industries Ltd. .. Appellants Vs. The Shipping Corporation of India Ltd. .. Respondents Mr.V.A. Thorat i/b Mr.S.K.Srivastava for the appellants Ms.Vaishnavi Nair i/b M/s.Mulla and Mulla for the respondents CORAM : J. N. PATEL & Smt.R.P.SONDURBALDOTA, JJ DATE : 23RD SEPTEMBER, 2009 P.C. : 1. This notice of motion is taken out for condonation of delay in seeking restoration of the appeal which came to be dismissed in default by order of the court dt.2.6.08. In the affidavit in support of the Notice of Motion, the appellant have tried to explain the facts and circumstances which led to the dismissal of the appeal for non appearance of the counsel for the appellants and reasons for moving 2 the court after 105 days of delay for seeking recall of the order dismissing the appeal. 2. In short, it is the case of the appellants that the counsel who was entrusted with the matter left Mumbai without any intimation to the appellant company and in between the counsel who was handling the matter did not attend which led to the dismissal of the appeal. It is submitted that the appellants would suffer substantial loss if the appeal is not restored which is due to the fault on the part of the advocate for the appellants. Though this may not be accepted as good and sufficient reason, we are still inclined to condone the delay and recall the order dt.2.6.08 so that the matter can be taken up and heard on merits. The respondents can be very well compensated by imposing cost. Therefore, Notice of Motion is made absolute in terms of prayer clause (b) on the condition that the appellants shall pay Rs. 10,000/- as cost to the respondents within 15 days. On such cost being paid, notice of motion would become absolute in terms of prayer clause (a). ( J. N. Patel, J) (Smt.R.P.Sondurbaldota, J)