1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5005 OF 2007 IN FIRST APPEAL NO.835 OF 2001 Asma A. Bambot & ors. .... Applicants Vs. M/s E'Merk (India) Ltd. & Ors. .... Respondents Mr. Vijay Pandey i/by Ms. U.M. Jhaveri Advocate for Applicants. Mr. S.S. Shetty for respondent no.1. Mr. N.G. Bhat, Advocate for respondent No.4. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 10th December, 2008 P.C. 1. This Civil Application is taken out for restoration of the First Appeal which was dismissed for default on 16th January,2007. The application states that the Advocate for the appellants had suffered from cardiac arrest and could not attend the Court during the period 1st November,2006 till January,2007. Dismissal of the appeal was discovered by the appellants in the first week of September,2007 when the appellants made enquiries with their Advocates as regards the progress in the matter. Considering the fact that the learned Advocate appearing for the appellants was unwell and as a consequence could not keep track of the matter, 2 the Civil Application is allowed by condoning the delay. Costs to be cost in cause. The appeal to appear on board for admission in the next week. (SMT. R.P. SONDURBALDOTA,J)