1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1398 of 2006 WITH CIVIL APPLICATION NO.2539 OF 2006 --------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court's Court's or Judge's orders or directions orders and Registrar's orders --------------------------------------------------- Mr.Dhananjay S. Halwai i/b.M.P.Vashi, advocate, for the appellant Mr.J.J.Xavier, advocate, for the respondents CORAM : A.S.OKA, J. DATE : 22ND FEBRUARY,2008 P.C. . Not on board. 2. Taken on board. 3. On oral prayer made by the advocate appearing for the 2 appellant this appeal which is dismissed for non-prosecution is restored. The advocate for the appellant has tendered on record a letter dated 1st December, 2007 sent by the appellant to him. The said letter is taken on record and marked “X” for identification. In view of the said letter, the appeal is dismissed as withdrawn. (A.S.OKA, J.) 3