1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CAO 660 OF 2009 IN MCAST NO.10760 OF 2009 IN F.A.60/08. M/s Jaika Finance Ltd. .vs.. Ramniksingh Himmatsingh and ors. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's directions and Registrar's order. orders. -------------------------------------------------------------------------------------------------------------------------- Coram : C.L.PANGARKAR, J. Dated : 31st JULY, 2009. Heard Mr.Akshay Naik, learned counsel for the appellant. The appeal came to be dismissed as against respondent nos.1 and 3 for non service of summons on them. Respondent no.2’s notice was awaited, as such respondent no.2 was also not served. The copy of the application for delay condonation was served on respondent no.4. Respondent no.4 has not filed reply. In view of the fact that neither of the respondents no.1 to 3 were served in the appeal, there is no need to serve notice of the application for delay condonation as well as restoration of the appeal against respondent nos.1 and 3. The application for delay condonation as well as 2 for restoration is allowed. However, it is directed that the appellant shall take necessary steps for service on respondent no.1 as well as respondent no.2 after the appeal is restored to file. JUDGE. chute