ash 1 909camca-163.11 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 163 OF 2011 IN MISC. CIVIL APPLICATION NO.46 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.K. Shinde for the Applicant. Shri Satishkumar Chethiyar i/by M/s. F.F. Associates for the Respondent. -- CORAM : A.S.OKA, J. DATE : 29TH APRIL, 2011 P.C.: . Heard learned counsel appearing for the Applicant and learned counsel appearing for the Respondent. The Applicant is the Respondent in Misc. Civil Application and the Respondent is the Applicant therein. The prayer in this application is for setting aside the ex-parte order passed on the Misc. Civil Application. The Application is opposed by the Respondent. It is pointed out in the application that though the Applicant was represented by an Advocate, when the matter was called out, the Advocate was not present and it was not pointed out to the Court that the reply filed to the Misc. Civil ash 2 909camca-163.11 Application was on record. In view of the averments made in the application, the order dated 7th February, 2011 will have to be recalled, not on merits but only on the ground that the Applicant was not heard. The order dated 7th February, 2010 is recalled. Misc. Civil Application No.46 of 2010 is restored to the file. The said Misc. Civil Application shall be placed for hearing on board on 16th June, 2011. Ad-interim relief granted on 25th June, 2010 in the said Misc. Civil Application will continue to operate till further orders. (A.S.OKA, J)