1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.137 OF 2009 IN APPEAL FROM ORDER NO.142 OF 2007 B Dass & Sons : Appellants versus Maharashtra State Electricity Board & Anr. : Respondents. Shri. V.S.Gokhale for the Applicants/Appellants. Ms. A R S Baxi for the Respondent No.1. CORAM : R.M.SAVANT, J. DATED : JANUARY 23, 2009 P.C. 1. By the above Civil Application, the Applicant prays for restoration of the above Appeal from Order which has been dismissed for non-prosecution on account of the conditional order dated 9th March 2007. By the said conditional order the Applicant/Appellant was directed to effect service on the Respondents and file an affidavit of service within a particular time frame. On failure to do so, the conditional order came into operation and the above Appeal from Order stood dismissed for want of prosecution. 2. The reasons for non-compliance of the said conditional 2 order have been mentioned in paras 1 and 2 of the above Civil Application. For the said reasons, the above Civil Application is allowed in terms of prayer clauses (a) and (b). Resultantly, the Appeal from Order is restored to file. Place the Appeal from Order for Admission in the week commencing 9th February 2009. [R.M.SAVANT, J]