1 4650-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4650 OF 2009 IN FIRST APPEAL NO.297 OF 2009 (Akkatai Vs.Anil) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.S.G.Thorat, for applicants. Ms.U.K.Sanil, for respondent no.2. CORAM : R.G.KETKAR,J. DATE : 23 rd JULY, 2010 P.C. This application is for recalling the order dated 28 th August, 2009 passed in the First Appeal whereby the appeal was dismissed in default. The order records that the matter was repeatedly adjourned at the request of the appellants and in view of absence of the learned counsel for the appellants on 28 th August, 2009, the appeal stands dismissed in default. 2] Heard Mr.S.G.Thorat, learned counsel for the applicants and Ms.U.K.Sanil, learned counsel for the respondent no.2. 3] Office remark indicates that the respondent no.1 is served. After hearing learned counsel for the parties and for the reasons set out in the application, I am satisfied that the applicants have made out sufficient case for grant of prayer clauses (a), (b) and (c). 4650-09.sxw 2 4650-09.sxw 4] Civil Application No.4650 of 2008 is allowed in terms of prayer clauses (a), (b) and (c). First Appeal and Civil Application No.3951 of 2006 is restored to the file of this court. Office to accept the corrected certified copy of the impugned judgment and award dated 30 th August, 2005. List the First Appeal for admission on 3 rd August, 2010 along with Civil Application. [R.G.KETKAR, J.] 4650-09.sxw