1 ca4698-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4698 OF 2009 IN FIRST APPEAL [STAMP] NO.28783 OF 2007 (Oriental Insurance Vs. Gudiadevi) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.A.S.Vidhyarthi, for applicant. CORAM : R.G.KETKAR,J. DATE : 17 th AUGUST, 2010 P.C. This is an application for condonation of delay of one year and 138 days in filing the application for restoration of First Appeal as also for restoring the First Appeal. 2] Heard Mr.Vidyarthi, learned counsel for the applicant. He states that he has given notice of today’s production at 3:00 pm. to Mr.Pendse, learned counsel for the respondent no.1. He further states that the respondent no.1 has already withdrawn the amount of Rs.2,16,349/- deposited by the applicant herein and the dispute now remains in respect of Rs.1,59,679/- which amount is deposited by the applicant with the Commissioner for Workmens’ Compensation. He further submits that the appeal is dismissed on the ground that the respondent no.1 is not served. 2 ca4698-09.sxw 3] In view of this, in my opinion, the application deserves to be allowed by condoning the delay and by restoring the First Appeal. Delay condoned. Appeal is restored to file. 4] Until further orders, there shall be ad-interim order restraining the respondent no.1 from withdrawing the balance amount of Rs.1,59,679/-. [R.G.KETKAR, J.]