1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR Misc.Civil Application No.936 of 2009 in First Appeal No.658 of 2007 M/s.Suraj Bidi Works ..vs..Employees State Insurance Corpn and anor. ---------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. ---------------------------------------------------------------------------------------------------------------------------- CORAM: C.L. PANGARKAR, J. DATED: 08th September, 2009. Heard Shri S.N.Dandekar, learned counsel for applicant and Shri MPM Pillai, learned counsel for respondent nos.1 to2. This application has been filed for restoration of the appeal which came to be dismissed for default. It is the contention of the appellant's counsel that due to inadvertence, he could not mark the matter in the cause list and therefore, he could not appear before the Court and submits that the appeal be restored to file. Shri Pillai, learned counsel for the respondents submits that the matter may not be restored because of the fact that the appellant has been negligent in prosecuting the appeal inasmuch as the appeal was previously also dismissed for default. Since it is the submission of the appellant's counsel that he did not mark the matter in the cause list and therefore, failed to appear before the Court, the appeal stands restored to file subject to payment of Cost of Rs.5,000/-(Rs.five thousand 2 only) to be paid to the respondents counsel within a period of one week from today. The application is disposed of. JUDGE Andurkar.