1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4948 OF 2009 IN CIVIL APPLICATION NO.5164 OF 2008 IN FIRST APPEAL NO.1647 OF 2006 M/s National Insurance Co.Ltd. .. Applicant V/s Shri.Shatrughan Raghunath Patil & Anr. .. Respondents Mr.S.M.Vidyarthi for the Applicant. Mr.Santosh Deshpande for Respondent No.1. CORAM: R.G.KETKAR, J. DATE: 6th August, 2010. P.C. 1. This is an application for restoration of Civil Application No.5164 of 2008, as also for recalling the conditional order dated 25th June, 2009 passed in the said Civil Application, whereby the applicant was directed to serve the unserved Respondent within 10 weeks and to file the affidavit of service, failing which, appeal was to stand dismissed for non-prosecution without further reference to the Court. 2. Mr.Deshpande, learned counsel for Respondent No.1 states that since the appeal was dismissed, he has returned the papers to Respondent No.1. In so far as Respondent No.2 is concerned, on the motion made by learned counsel for the applicant, Respondent No.2 is deleted from the Civil Application. 3. In view of this, Civil Application is allowed in terms of prayer clause (a). Civil Application No.5164 of 2008 is restored to file. (R.G.KETKAR, J.)