1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 74 OF 2009 IN FIRST APPEAL NO. 648 OF 2008 Ashok s. Sarnaik ........Applicant versus Employee State Insurance Corpn........ Respondents. Mr. Ramesh A. Kardle adv. for the Applicants Mr. P.M. Palshikar adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 23rd JANUARY, 2009. P.C.: 1. There is a delay of 115 days in filing the application for restoration of appeal which came to be dismissed on 10-7-2008. The applicant has explained the reasons as to why the counsel could not remain present on 10-7-2008. However the impugned order reveals the repeated absence on the part of the appellant and the counsel. In the result, the application is allowed in the interest of justice. Delay is condoned. Appeal is restored to file. Order dated 10-7-2008 is set aside. However subject to payment of costs of Rs. 1000/- to the respondent which shall be paid within the period of eight weeks from today. (A. P. DESHPANDE, J.)