1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Civil Application No.CAO 642/2009 IN M.C.A.ST. NO. 7566/2009 IN F.A. NO.489/2002 (The Managing Director Central Warehousing Corp. & others VERSUS Rachapalsing & Brothers & others) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.C. Mehadia, counsel for the applicants. CORAM : SMT. VASANTI A. NAIK, J. DATE : AUGUST 3, 2009. It is brought to the notice of this Court that none of the respondents were represented before this Court after the first appeal was admitted, though all of them were served. In such circumstances, it would not be in the interest of justice to issue notice to more than 20 non- applicants in this civil application for condonation of delay in filing the application for restoration of the appeal. Heard the learned counsel for the applicants. Perused the contents of the civil application. For the reasons stated in the civil application, the delay of five days in filing the application for restoration is condoned. The civil application is allowed and disposed of. 2 M.C.A. ST. NO. 7566/2009. It is brought to the notice of this Court that none of the respondents were represented before this Court after the first appeal was admitted, though all of them were served. In such circumstances, it would not be in the interest of justice to issue notice to more than 20 non- applicants in this miscellaneous civil application for condonation of delay in filing the application for restoration of the appeal. Heard the learned counsel for the applicants. Perused the contents of the miscellaneous civil application. For the reasons stated in the miscellaneous civil application, the first appeal is restored to file subject to the payment of costs of Rupees Five Hundred in the High Court Legal Services Sub Committee, Nagpur within a period of ten days from today. In case the amount is deposited in the High Court Legal Services Sub Committee, Nagpur within the stipulated time and the appeal is restored, re-issue notice to the respondents on hearing of the first appeal on merits, making the same returnable on 15.10.2009. 3 After restoration of the appeal, the appellant should positively file the paper book on or before the 15th of October, 2009. The miscellaneous civil application is allowed in the aforesaid terms and disposed of. JUDGE APTE