IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5395 OF 2008 IN FIRST APPEAL NO.1125 OF 1997 United India Insurance Co.Ltd. .. Appellant V/s. Milind Dattaram Pandagale .. Respondent Mr.M.G.Barve for the Applicant. Mr.S.M.Raikar for the Respondent. CORAM : U.D.SALVI, J. DATED : FEBRUARY 10TH, 2009. P.C. Heard both the sides. Perused the application and the record. The First Appeal was admitted on merits, however, on the date fixed for final hearing, the Appeal came to be dismissed in default for non prosecution due to non appearance 1 of Advocate Shri.M.G.Barve for the Applicant on 7th October, 2008. It is pleaded that the learned Advocate Mr.M.G.Barve, was under a bonafide relief that matter would not be reaching the stage of hearing on that day, as it was listed at serial No.209; and as the board collapsed and the Appeal was taken up for final hearing and dismissed in default for non appearance of learned Advocate Mr.M.G.Barve. It appears that the Application for restoration of Appeal have been moved as the earliest opportunity to do so. These facts are not disputed. Hence, the order : :: O R D E R :: i. The order dated 7th October, 2008 dismissing the First Appeal No.1125 of 1997 for non prosecution is set aside. The First Appeal No.1125 of 1997 is readmitted and restored to file. ii. Posted for final hearing. 2 [U.D.SALVI, J.] 3