1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR M. C. A. NO. 178 OF 2010 IN SECOND APPEAL NO. 126 OF 2004 The Vidarbha Criket Association Nagpur Vs. Mohan Shankarrao Dongre & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Order Shri A. M. Gordey Adv for appellant. Shri Anil Khare in person-respondent-6. CORAM:_ C. L. PANGARKAR J. Dated: 16 th APRIL, 2010. . Heard counsel for the appellant and respondent no.6 who is present in person. This revision has been preferred against the order passed by the Registrar on 16/07/2009 whereby he had dismissed the appeal as against respondent No.1 for failure of the appellant to pay process fee to issue notice to respondent no.1. Learned counsel brings to my notice the order dated 31.03.2004. When the appeal was admitted it is clearly mentioned 2 in the said order that Shri Parsodkar had waived notice for respondents 1 and 2. In view of the fact that Shri Parsodkar waived notice there was no question of notice being issued to respondent no.1 at all. In the circumstances the appeal could not have been dismissed for non service on respondent no.1. In the circumstances appeal is restored to file as against respondent no.1 also. Shri Gordey learned counsel for the appellant submits that Private Paper Book has already been filed, if that is so filed then office to list the appeal for final hearing in accordance with the seniority of the said appeal. JUDGE svk 3 4 5