gst 1 ao774.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY. CIVIL APPELLATE JURISDICTION. APPEAL FROM ORDER NO. 774 OF 2010. Johnson Alfred D’Souza & Ors. ... .... .... Appellants. V/s Mun. Corpn. Of Gr. Mumbai .. ... .... Respondent. Mr.C.K.Tripathi, Adv. For the appellants. Ms.K.K.Soraan, Adv. For BMC. CORAM: B.R.GAVAI, J. 12th Jan., 2011. PC: The appeal is taken up for hearing. By way of present appeal the appellant challenges the order dated 21.1.09 vide which the notice of motion for restoration of suit which was dismissed came to be rejected.s 2. Learned counsel for the appellant submits that on the very day on which the suit was dismissed an application for restoration came to be filed by the counsel for the appellant. It is therefore submitted that in these circumstance the application for restoration ought to have been allowed. 3. The application is vehemently opposed by learned counsel for the respondent-Corporation. However taking into consideration the grounds raised in the application and particularly that the application for restoration of the suit was filed on the very same day on which the suit came to be dismissed I am inclined to allow the appeal. 4. Hence the appeal is allowed. The impugned order dated 21.01.2009 is quashed and set aside. The Long Cause Suit No.4782/86 is restored to file.