1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A. No. 326 of 2010 In MCA (St) No. 3437 of 2010 Ashok v. Maroti and anr -------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr S.A. Marathe, Adv for applicant Mr S.P. Kshirsagar, Adv for R-1 Respondent no.2 served Coram : A.P. Bhangale, J. Dated : 17 h June 2010 1. Heard learned counsel for the parties at length. There is delay of 71 days caused in filing application for restoration of second appeal which was dismissed for want of prosecution on 9.11.2009. 2. Learned counsel for the applicant submits that on 9.11.2009 when the appeal was called out for hearing, he was busy in another Court. In the second half he requested the Court to restore the matter, but that request was turned down. 3. In view of the above statement, it is obvious that the counsel was very much aware 2 about dismissal of appeal for want of prosecution on on 9.11.2009 itself. Contents of present application are very much vague in which reference as to filing of application earlier for restoration has been made, but that is ambiguous. On perusal of record, it is seen that appeal was dismissed for default earlier also and it was restored vide order dated 15.7.2009. On 21.8.2009 when the matter was called out, none appeared for appellant. On 5.10.2009 the appeal was adjourned at the request of learned counsel for appellant and it was thereafter when the appeal was listed on 3.11.2009, it was dismissed since nobody appeared for appellant. 4. There is no explanation muchless an authentic and cogent reason to condone the delay caused in filing application for restoration of appeal. Application is accordingly rejected. Judge. Hsj