1 135.11 SQP IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.135 OF 2011 IN FAMILY COURT APPEAL NO.68 OF 2010 Bharat Gangaram Sawant ...Applicant Versus Shilpa Bharat Sawant ...Respondent ...... None for Applicant. Mr.Krishna R.Moniya for Respondent. ...... CORAM:- A.M.KHANWILKAR AND R.Y.GANOO, JJ. DATED:- JUNE 23, 2011. P.C. 1. None appears for applicant when the matter is called out. Dismissed for non-prosecution. 2. Later on, Mr.N.R.Bubna for the Applicant mentioned the matter requesting to recall the order dismissing the Application for non- prosecution on the ground that when the matter was called out, he was busy in some other Court. 2 135.11 3. For the reason mentioned, order dismissing the Application for non- prosecution is recalled. Application and Appeal are restored to file to their original number. 4. For the reasons mentioned in the Application, in the interest of justice, Application is allowed in terms of prayer clause (a) on condition that the Appellant shall comply with the conditional order dated 17th August, 2010 within two weeks from today, failing which, the Appeal be treated as once again dismissed for non-prosecution without further reference to the Court and if the Appellant commits second default, the request for restoration of Appeal will be entertained only on Advocate personally paying cost not less than Rs.10,000/- to the High Court Legal Services Committee. (R.Y.GANOO, J.) (A.M.KHANWILKAR, J.)