1 964 cas 179.11.doc K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.179 OF 2011 IN SECOND APPEAL NO.88 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr Narayan R.Bubna for applicant. Ms. Gunjan Shah i/b Mr.S.A.Samant for respondents. CORAM : K.K.TATED,J. DATE : 18/02/2011. PC: 1 Heard learned counsel for parties. 2 This application is preferred by original respondent for recalling the order dated 28th January, 2011 passed in Civil Application No.133 of 2008 by this court (Coram: K.K.Tated,J.). The learned counsel appearing on behalf of applicant explained the reasons why he was not present when the matter was called. 3 Considering the submissions made by the learned counsel appearing on 2 964 cas 179.11.doc behalf of applicant and the averments made in the civil application, civil application is allowed in terms of prayer clauses (a) and (b) which reads as under: “(a) The order dated 28.1.2011 passed in Civil Application No.133 of 2008 may kindly be recalled, reviewed and set aside and the Civil Application be restored to file for hearing and decision on merits. (b) The Affidavit of Applicant may kindly be dispensed with.” 4 Civil Application No. 133 of 2008 to be placed on board for hearing on 25.02.2011. 5 Civil application is disposed of accordingly. (K.K.TATED,J.)