3. caa 223-11.doc RMA IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 223 OF 2011 IN APPEAL FROM ORDER NO. 1097 OF 2010 Vidya Jayant Dabholkar & Anr .. Applicants Vs Sudhir Shantaram Chaubai & Ors .. Respondents Mr. D.D. Madan, Sr. Advocate a/w G.D. Utangale and B.V. Phadnis for Utangale & Co for the Applicants Mr. S.B. Prabhavalkar for Respondent Nos. 1 to 15 Mr. R.V. Talashikar for Respondent No. 17 Mr. S.P. Thorat for Respondent No. 18 Mrs. K.K. Soraan for BMC CORAM : B.R. GAVAI, J. DATE : 17th FEBRUARY, 2011. P.C.: 1. This is an application for restoration of Appeal which came to be dismissed vide order dated 1st February, 2011. The matter was dismissed by this Court since none appeared for the appellants in spite of the matter being called out twice. It is further noticed by this Court that on earlier occasion, the time was granted by way of last chance to the appellants since the appellants had intimated that the talks of settlement were going on. 2. Shri. Madan, the learned senior counsel for the 1 3. caa 223-11.doc appellants submitted that since there was change of advocate on record, the advocate who was subsequently engaged did not notice the matter on board on 1st February 2011 and as such the matter went unrepresented. 3. Shri. Prabhavalkar, the leraned counsel for respondent nos. 1 to 15 vehemently opposed this application. He submitted that unnecessarily blame is sought to be put on the earlier advocate. He therefore, submitted that the application is liable to be rejected. 4. I find that it would be in the interest of justice that the dispute between the parties be decided on merits instead of the Appeal being dismissed on technical grounds. In that view of the matter, I am inclined to allow the application. 5. The order dated 1st February 2011 is recalled. The appeal is restored to file subject to costs which is quantified at Rs. 15000/- to be payable to respondent nos. 1 to 15. 6. The appeal be posted for admission tomorrow i.e on 18th February, 2011. [ B.R. GAVAI, J. ] 2 3. caa 223-11.doc 3