1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2986 OF 2009 IN CIVIL APPLICATION NO. 6678 OF 2007 IN FIRST APPEAL ST.NO. 23612 OF 2007 The New India Assurance Co.Ltd. ... Applicant Vs. Dineshkumar J.Dubey & Anr. ... Respondents Mr. S.M.Dange, Advocate, for the applicant. CORAM: J.H.BHATIA,J. DATE : 28th July, 2009 P.C. 1. On 3.12.2007, conditional order was passed to serve the respondents by private notice and to file affidavit of service before 27.2.2008 failing which the application would stand dismissed for non-prosecution. 2. The learned Counsel makes a statement that respondent No.1 was duly served, but respondent No.2 could not be served inspite of best attempts. He undertakes that steps will be taken to serve the respondent no.2 within 4 weeks. 3. In view of this, and the reasons given in the Application, the 2 conditional order is hereby recalled and C.A. No.6678 of 2007 with First Appeal St. No.23612 are hereby restored to file. Application stands disposed of. (J.H.BHATIA,J.)