1 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 4383 OF 2009 IN APPEAL NO. 1112 OF 1997 IN SUIT NO. 3205 OF 1986 Kassamali Suleman Zaveri ..Appellant Vs. Mrs.Sakker Vazir ..Respondent And Samsuddin K.Zaveri & Ors. ..Respondents .... Mr. Kishore Jain along with Tushar Goradia i/b Nisha Parmar for Appellant None for Respondents .... CORAM : B.H.MARLAPALLE AND SMT.V.K.TAHILRAMANI, JJ. DATE : 3rd MARCH, 2010 P.C.: 1 Not on board. Taken on board. Heard. Appeal No. 1112 of 1997 came to be admitted on 9th January, 1998. However, when it was taken up for final hearing on 6th March, 2002, none was present for the appellant and therefore, it was dismissed for default. A Motion was taken out for restoration of the said Appeal and the said Motion was 2 made absolute in terms of prayer clause (a) subject to payment of costs quantified at Rs.2000/- within a period of four weeks as per order dated 21st March, 2002. Consequently, the Appeal stood restored, however, on 16th April, 2008 the Court noticed only the order dated 6th March, 2002 by which, the Appeal was dismissed for default and did not, inadvertently, notice the subsequent order dated 21st March, 2002 by which the Appeal was restored. Hence, the Applicant prays for recall of the order dated 16th April, 2008. 2 We have perused the affidavit in support of the Motion and we are satisfied that the Motion deserves to be allowed by condoning the delay. 3 Hence, delay condoned subject to payment of costs quantified at Rs.1000/- and to be remitted to the Office of the Prothonotary and Sr.Master, within two weeks. Notice of Motion is made absolute in terms of prayer clause (b). [ SMT.V.K.TAHILRAMANI, J.] [ B.H.MARLAPALLE, J. ]