1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.940 OF 2010 IN CIVIL APPLICATION STAMP NO.26790 OF 2009 WITH SECOND APPEAL STAMP NO.26789 OF 2009 M/s.Saurabh Poultry Farm & Anr. .. Applicants. V/s Trimbak Hatcheries Pvt.Ltd. .. Respondent Mr.R.S.Kadam for the Applicants. CORAM: R.G.KETKAR, J. DATE: 29TH JULY, 2010. P.C. 1. This application is for restoration of Second Appeal Stamp No.26789 of 2009 as also the Civil Application Stamp No.26790 of 2009, after setting aside the order dated 13th January, 2010. 2. Heard learned counsel for the Applicants. Learned counsel for the Applicants submits that office has raised objection about non-filing of certified copy of the judgment and decree dated 22nd July, 2009 passed by the Principal District Judge, Nasik. He states that only on that count, appeal was dismissed for non- prosecution on 13th January, 2010. He further states that he has filed certified copy of the said judgment and decree in the 2nd week of February, 2010. 3. In view of this, civil application is allowed in terms of prayer clause (a), with no order as to costs. Second Appeal Stamp No.26789/2009 as well as Civil Application Stamp No.26790/2009 are restored to the file of this Court. 4. List the Second Appeal Stamp No.26789/2009 for admission on 5th August, 2010 alongwith the Civil Application Stamp No.26790/2009. 5. Civil Application No.940 of 2010 stands disposed of. (R.G.KETKAR, J.)