1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5396 OF 2008 IN FIRST APPEAL NO. 1626 OF 1996 M/s. S.K. Paper Bags & ors........Applicants versus State Bank of India ........ Respondents. Mr. A.S. Gadkari adv. for the Applicants Mr. Sumit Khaire i/b. P.N. Joshi adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 16th FEBRUARY, 2009. P.C.: 1. By the present application a prayer for setting aside the order passed by this court dated 30-9-2008 dismissing the appeal in default is made. Under the said order the court dismissed the appeal on account of the absence of the counsel. The reason for the counsel to remain absent when the matter was called out is stated in the application and the same is to the effect that the counsel was on his legs before a Division Bench. In this view of the matter the learned counsel for the respondent does not oppose the application. In the result the application is allowed. The order dated 30-9-2008 is set aside and the appeal is restored to file. The delay if any stands condoned. 2 (A. P. DESHPANDE, J.)