* 1 * C.A. 925.2011 in F.A.101.2010 25.4.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 925 OF 2011 IN FIRST APPEAL NO. 101 OF 2010 The New India Assurance Co. Ltd .....Applicant V/S. T.M. Mahesh & anr. .....Respondents **** Mrs. Urmila K. Sanil, Advocate for the applicant. Mr. Tejesh Dande, Advocate for the respondents. CORAM :- Smt. R.P. SondurBaldota, J. 25 April, 2011. P.C. :- 1. This is an application for restoration of the appeal which was dismissed for default on 6th September, 2010. The application has been filed after substantial delay on 3rd March, 2011. The explanation for the delay found at paragraph-3 of the application is limited to one sentence i.e. the learned advocate appearing for the applicant learnt about the “ dismissal only on 21st February, 2011. The application does not explain * 2 * C.A. 925.2011 in F.A.101.2010 25.4.2011 the absence of the learned advocate on the date of dismissal of the appeal. However, considering the fact that the appeal was already admitted and that the appellant had deposited the entire decreetal amount before the Tribunal, I am inclined to allow the application by compensating respondent no.1 who is contesting the application, with costs. During the intervening period, respondent no.1 had proceeded for execution of the impugned judgment and Award and warrant of attachment of the property of respondent no.1 has been issued. Respondent no.2 has not appeared before the Court to contest the application. 2. On the applicant paying costs quantified at Rs.10,000/- to respondent no.1 within a period of 2 weeks from today, the Civil Application shall stand allowed in terms of prayer clauses (a) and (b). The costs to be paid directly to respondent no.1. Office to place the appeal on the board for hearing in due course. [SMT. R.P. SONDURBALDOTA, J]