[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.4841 OF 2007 IN APPEAL NO.919 OF 2004 IN INSOLVENCY PETITION NO.26 OF 1997 WITH NOTICE OF MOTION NO.4751 OF 2007 IN APPEAL NO.366 OF 2004 IN INSOLVENCY PETITION NO.26 OF 1997 Mr.Shekhar Modi ..Appellant Vs. Union of Bank of India and Ors. ..Respondents .... Mr.A.Y.Bookwala Senior Advocate i/b Ms.Rita Bhatia for Appellant None for Respondents .... CORAL: J.N.PATEL AND CORAL: J.N.PATEL AND CORAL: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : MARCH 24, 2009 DATE : MARCH 24, 2009 DATE : MARCH 24, 2009 P.C. P.C. P.C. 1. Heard the learned counsel for the Appellant. None appears for the Respondents though served. The learned counsel for the Appellant undertakes to file affidavit of service. In view of the fact that the entire amount has been deposited by the Appellant in this Court, there is substantial [-2-] compliance of the order dated 2.12.2003 though belatedly. Hence, in the interest of justice, order dated 19.11.2007 is recalled. Appeal is restored to file. Matter to come up in due course. 2. Both Motions are disposed of. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]