IN THE HIGH COURT OF JUDICATURE AT BOMBAY VPH CIVIL APPELLATE JURISDICTION CIVIL APPLICATON NO. 99 OF 2009 IN SECOND APPEAL No. 605 OF 1999 Jagannath B. Borade ... Applicant Vs Govind N. Nathe ... Respondents Mr. P. N. Joshi, for the Applicant. Mr. P. B. Shah, for the Respondent No.2. CORAM: A. P. DESHPANDE, J. DATED: JANUARY 27, 2009. P.C.: ---- . Heard. This Court by an order dated 17th December 2008 dismissed the Appeal in default under Order 47, Rule 17 of Civil Procedure Code. Hence, present application is made for restoration of the appeal. The reason set out in the application is that present appeal was at Sr. No. 219 on the board and was not likely to be called out on 17-12-2008. However, as the board collapsed, the appeal was called out at about 4.15 p.m. At that time the counsel for the appellant was held up before another Court and could not reach when the matter was called out. Having regard to the cause shown in the application, the impugned order is set aside and Appeal is restored to the file. Sd/- - 2 - [ A. P. DESHPANDE, J.]