1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CA NO. 11965/2008 in FIRST APPEAL NO.1098 OF 2007 --------------------------------------------------- Office notes, office Memoranda of Court’s or Coram,appearances, Court’s orders Judge’s or directions and Registrar’s orders Orders Mr. S.P.Brahme, Adv., for the applicant. ... CORAM : K.U. CHANDIWAL, J. DATED : 11th JUNE, 2009 ... P.C.:- 1. Heard Counsel for the appellant. The order dt.22nd Oct.,2008 directed and rather allowed the appellant to take steps within three weeks in relation to respondent no.1 and then for issuance of the notice for respondent no.1 as to why dismissal order be not set aside and as to why appeal be not considered on merits. The Counsel informs, such steps were taken within time, however, office dismissed the appeal against respondent no.1. 2. This submission is basically incorrect as there was already a dismissal so far as respondent no.1 was concerned, which has not been revived or set aside. 2 3. The request by the present application, particularly, as per clause B, is two-fold; however, it is moulded to the extent of issuance of fresh notice on the corrected address of respondent no.1 as given in the application. Without hearing respondent no.1, apparently, the dismissal cannot be set aside. 4. The application partly allowed to the extent of issuance of fresh notice on the corrected address and also on the old address of respondent no.1. (K.U. CHANDIWAL), JUDGE agp/fa1098-07