1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3468 OF 2009 IN FIRST APPEAL NO.493 OF 2005 Lalchand Geetaram Gupta .....Applicant V/s. Balmukund Geetaram Gupta ..... Respondent Mr.M.P.Vashi i/by M.P.Vashi & Associates, for the applicant. Mr.A.M.Joshi, for the respondent. CORAM :P.B.MAJMUDAR & R.V.MORE, JJ. DATE : AUGUST 28, 2009 P.C. 1. Heard the learned Advocates for the parties. 2. Considering the facts and circumstances of the case, First Appeal No.493 of 2005 is restored to the file. The order passed by this Court on 21-07-2009 by which the appeal is dismissed for default is set aside. 3. The learned Advocate for the applicant has assured the Court that he will remain present to argue the First Appeal as and when the appeal is listed for final hearing. First Appeal No.493 of 2005 along with First Appeal No.492 of 2005 are fixed for final hearing on 2 15-09-2009. Civil application is made absolute in terms of prayer clause (a). 4. Civil application is disposed of. ( R.V.MORE, J. ) (P.B.MAJMUDAR, J.)