: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.1508 OF 2008 CIVIL APPLICATION NO.1508 OF 2008 CIVIL APPLICATION NO.1508 OF 2008 IN IN IN SECOND APPEAL NO.552 OF SECOND APPEAL NO.552 OF SECOND APPEAL NO.552 OF 2008 2008 2008 --------------------------------------------------------- Office notes, office : : : Memoranda of Coram, : appearances, Court’s : Court’s or Judge’s Orders orders or directions : & Registrar’s orders : --------------------------------------------------------- Shri S.B.Thorat, adv. for Applicant. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. CORAM: J.H.BHATIA, J. DATE : 8th September, 2008. DATE : 8th September, 2008. DATE : 8th September, 2008. P.C.: P.C.: P.C.: 1. Heard Mr.Thorat the learned counsel for the applicant. On 21-8-2008, Second Appeal No.552 of 2008 was repeatedly called out but none appeared, therefore, it was dismissed in default. It appears that notice was not issued to any of the respondents by that time. The applicant contends that the senior counsel was to argue the matter but he was busy in another Court and he could not appear. Infact advocate on record, Mr.S.B.Thorat also did not : 2 : appear and that is why, the appeal was dismissed in default. Anyhow, in the interest of justice, application is allowed and the Second Appeal No.552 of 2008 is hereby restored to the file. Same be listed for admission. 2. Application stands disposed off. (J.H.BHATIA, J.) (J.H.BHATIA, J.) (J.H.BHATIA, J.)