-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.1339 OF 2008 APPLICATION NO.1339 OF 2008 APPLICATION NO.1339 OF 2008 IN IN IN FIRST FIRST FIRST APPEAL NO.9505 OF 2006 APPEAL NO.9505 OF 2006 APPEAL NO.9505 OF 2006 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Ms Nita Solanki for the Applicant Mr.A.Fernandes i/b M/s.Kanga & Co. for the Respondent No.1. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : MARCH 11, 2008 : MARCH 11, 2008 : MARCH 11, 2008 P.C.: P.C.: P.C.: 1. The learned Advocate for the first Respondent seeks time to take instructions. 2. Civil Application No.2200 of 2006 was dismissed in default on 11th January 2008. The prayer in this application is for restoration of the said Application. 3. The Application discloses that the Advocate for the Applicant had filed Vakalatnama for the Applicant in Civil Application No.2200 of 2006. However, -2- when the said application was listed on board, the appearance of the Advocate who was earlier appearing was shown and the appearance of the said Advocate who had filed the Vakalatnama subsequently was not shown. 4. In view of this factual position, a case for restoration is made out. 5. Considering these factual aspects, time cannot be granted to the first Respondent. Application is allowed in terms of prayer clauses (a) and (b). 6. Place the Civil Application No.2200 of 2006 shall be placed on board on 10th April 2008. JUDGE JUDGE JUDGE