1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. M.C.A. NO. 279/09 IN M.C.A. NO. 435/07 IN FIRST APPEAL NO. 216/04. Shri Siddarth Raghobaji Dahikar .vs. Smt. Panchasheela S. Dahikar ________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Court's or Judge's orders. Registrars orders. Mr. K.S. Narwade, Advocate for applicant, CORAM : S.A. BOBDE & F.M. REIS, JJ. DATED : JULY 2, 2009. Heard. This application is moved by the appellant for restoration of the application for restoration of the appeal. The appeal was dismissed in default. The applicant then moved an application for restoration. That application was also dismissed in default. It is urged on behalf of the applicant that this was due to the fact that the Counsel could not attend the Court as he was attending before another Court at the same time. The learned Counsel for the respondent submits that the matter was in fact dismissed because of the tactics adopted by the appellant and that the respondent, who does not have any source of income has to incur unnecessary expenses on this account. It, however, appears that the applicant could not attend the proceedings when the matter was called out. Having regard to the nature of the dispute which is 2 matrimonial, we consider it expedient in the interest of justice to restore the appeal to file, however, subject to the applicant paying costs in the sum of Rs.2500/- (Rs. Two thousand five hundred only) to the respondent. The application stands disposed of. JUDGE JUDGE. J.