1 jpc IN THE HIGH COURT OF JUDICATURE AT BOMBAY O.O.C.J. NOTICE OF MOTION NO. 15 OF 2010 IN APPEAL NO. 04 OF 2008 IN WRIT PETITIONNO. 833 OF 2006 Suhas Hari Bhalerao .. Appellant Vs Godrej & Boyce Manufacturing Co. Ltd. .. Respondent Mr. P. M. Mokashi for the appellant Ms. Renumka Lele i/b Mr. Haresh Mehta & Co. for the respondent CORAM : B.H. MARLAPALLE & SMT. V. K. TAHILRAMANI, JJ. DATE : 18 th February, 2010 P.C.: 1. Heard Mr. Mokashi, learned counsel for the appellant. 2. Appeal No. 4 of 2008 came to be dismissed for want of prosecution on 21 st July, 2009 and hence this Motion for its restoration. 3. The Motion has been filed beyond time by 5 months. We have perused the affidavit in support of the motion. The respondent has filed affidavit in reply and opposed the motion. We have also perused the affidavit filed by the Mr. Mokashi himself 2 in support of the motion and we are satisfied that the delay caused in filing the Motion deserves to be condoned. 4. Appeal No. 4 of 2008 was admitted and in the peculiar circumstances explained by Mr. Mokashi, in his affidavit, it came to be dismissed for want of prosecution. 5. Interest of justice would be better served, if the Appeal is restored and decided on merits. 6. Hence the Motion is made absolute in terms of prayer clause (a) to (c). [SMT. V. K. TAHILRAMANI, J.] [B.H. MARLAPALLE, J.