ssm sm sm IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.4687 OF 2007 OF MOTION NO.4687 OF 2007 OF MOTION NO.4687 OF 2007 IN IN IN APPEAL APPEAL APPEAL NO.815 OF 2003 NO.815 OF 2003 NO.815 OF 2003 IN IN IN REVIEW REVIEW REVIEW PETITION (LODGING) NO.12 OF 2002 PETITION (LODGING) NO.12 OF 2002 PETITION (LODGING) NO.12 OF 2002 IN IN IN ARBITRATION ARBITRATION ARBITRATION PETITION NO.40 OF 1998 PETITION NO.40 OF 1998 PETITION NO.40 OF 1998 IN IN IN AWARD AWARD AWARD NO.79 OF 1987 NO.79 OF 1987 NO.79 OF 1987 Hemant Jivandas Sampat ...Appellant. Versus Jawahar J.Sampat ...Respondent. Mr.S.V.Sadavarte i/by Mrs. Manjula Rao for the Appellant. Ms.Sushma Kadam i/by M/s.Arvind Rathod & Co. for the Respondent. CORAM CORAM CORAM : S.B.MHASE & : S.B.MHASE & : S.B.MHASE & R.V.MORE, R.V.MORE, R.V.MORE, JJ. JJ. JJ. DATED DATED DATED : 22ND AUGUST, 2008 : 22ND AUGUST, 2008 : 22ND AUGUST, 2008. P.C. P.C. P.C. . Heard learned counsel appearing for both the sides. 2. This Notice of Motion is filed for restoration of an Appeal which was dismissed for non-appearance on 28th November, 2007. For the reasons stated in the affidavit in support of Notice of Motion, the order ( 2 ) of dismissal of Appeal for default is set aside. The Appeal is restored to file. However, the same shall be subject to costs of Rs.1,500/- (Rupees one thousand five hundred only) to be paid to the Maharashtra State Legal Services Authority, Mumbai within a period of two weeks. 3. The Notice of Motion is disposed of accordingly. (R.V.MORE, (R.V.MORE, (R.V.MORE, J.) J.) J.) (S.B.MHASE, (S.B.MHASE, (S.B.MHASE, J.) J.) J.)