1 C.A. 12743/2009 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD C.A. NO. 12743/2009 IN F. A. NO. 493/2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : SMT. MRIDULA BHATKAR, J. DATED : 22nd August, 2011. Mr. V.S. Panpatte, Advocate for the applicant. Smt. Dipali Jape, Advocate for respondent Nos. 1 & 2. 1. Heard. 2. The application is moved for recalling the order of dismissal passed by this Court on 4th November, 2009. The matter was dismissed for default. The learned counsel appearing for the applicant / appellant submits that the appeal is filed by the institution and the panel counsel was on leave when the matter was called on 03/11/2009 and immediately the matter was fixed on 04/11/2009. The Advocate of the applicant did not see the board supplied to him properly and did not mark the matter and so the appeal went unattended. As the counsel has taken responsibility, the order dated 04/11/2009 is recalled. The appeal is restored to the file. However, in this case, this Court also passed an order of allowing withdrawal of the amount. The learned counsel appearing for the 2 C.A. 12743/2009 respondents No.1 and 2 submits that the amount deposited was already withdrawn by the respondents. In view of this, repayment of the amount is subject to the outcome of the appeal. Application is allowed. [SMT. MRIDULA BHATKAR, J.] ts k/2011/August22/ca12743.09