1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY C IVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 50 OF 2008 IN FIRST APPEAL NO. 1444 OF 2004 Laxmibai Balkrishna Kudtarkar ... Appellant Vs. The Officer in charge The Administrative Department The Tata Engineering & Locomotive Co.Ltd. & Ors. Respondents Mr. R.V.Govilkar, Advocate, for the appellant. Mr. I.M.Kairdi,Advocate, for respondent Nos. 2, 6 to 8.. CORAM: J.H.BHATIA,J. DATE : 20th July, 2009. P.C. 1. First Appeal No.1444 of 2004 was dismissed in default on 18.1.2006. Civil Application No.5218 of 2006 was filed for setting aside that order and to get the First Appeal restored. However, that application also was dismissed in default on 2.3.2007. By the present application, the applicant seeks setting aside both the orders and to restore the Appeal. 2. With consent of the learned Counsel for the parties, the order dated 18.1.2006 dismissing the First Appeal No.1444 of 2004 as well as the order dated 2 2.3.2007 dismissing the C.A. No.5218 of 2006 are hereby set aside and C.A.No. 5218 of 2006 is hereby restored and that application is allowed and the First Appeal No.1444 of 2004 also is hereby restored to file subject to the appellant paying costs of Rs.2,000/- to the respondent Nos. 2, 6, 7 and 8 within one week from today and the appellant also depositing an amount of Rs.1,000/- with the Maharashtra Legal Aid Services Authority within one week from today. 3. Appeal be listed on 3rd August, 2009 subject to payments. In case payments are not made, the Appeal shall be deemed to have been dismissed. (J.H.BHATIA,J.)