FARAD CONTINUATION SHEET No. MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.4763 OF 2008 IN CIVIL APPLICATION NO.5659 OF 2007 IN FIRST APPEAL STAMP NO.25011 OF 2007 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. DATED : 16TH SEPTEMBER, 2008 DATED : 16TH SEPTEMBER, 2008 DATED : 16TH SEPTEMBER, 2008 P.C. P.C. P.C. . By the above Civil Application the Applicant prays for restoration of the Civil Application No.5659 of 2007 which has been dismissed on account of the conditional order dated 21st November, 2007. In the said Civil Application No.5659 of 2007 Rule came to be issued and was made returnable on a particular date. On account of the failure of the learned Advocate for the Applicant to file affidavit of service the said Civil Application came to be dismissed for non-prosecution. 2. Heard learned Counsel for the Applicant. For the reasons mentioned in the Civil Application the same is allowed in terms of prayer clause (a), (b) and (bb). 3. Consequently, Civil Application No.5659 of 2007 is restored to file. The returnable date in respect of the said Civil Application is extended by a period of six weeks from date. The learned Advocate for the Applicant apart from Court notice to serve the Respondents by private notice by Registered Post A/D./Courier/Hand Delivery and shall file an affidavit of service before the returnable date. If the compliance is not made the Civil Application No.5659 of 2007 to stand dismissed for non-prosecution as against the unserved Respondents without further reference to the Court. Hamdast allowed. Civil Application disposed of accordingly. (R.M. SAVANT, J.) (R.M. SAVANT, J.) (R.M. SAVANT, J.)