1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. MISCELLANEOUS CIVIL APPLICATION NO. 718 OF 2011 IN LETTERS PATENT APPEAL NO. 69 OF 2011 IN WRIT PETITION NO. 5588 OF 2009 (Shri Kukadapu Shankar Moghlaih .v. The Union of India) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri D.R. Punekar, Advocate for the applicant. Shri M.D. Samel, Advocate for the respondent-MECL. CORAM : P.V. HARDAS AND PRASANNA B. VARALE, JJ. 16TH NOVEMBER, 2011. This is an application seeking recall of the order of this Court dated 04.07.2011 dismissing the Letters Patent Appeal for default of the appearance of the Counsel. It appears that the Letters Patent Appeal had been called out for hearing and the learned Counsel representing the appellant was absent and consequently this Court dismissed the LPA for want of prosecution. We have heard Shri D.R. Punekar, the learned Counsel for the applicant/appellant and Shri M.D. Samel, the learned Counsel the respondent-MECL We have also perused the application filed on behalf of the applicant seeking recall of the order of this Court as well as the reply filed on behalf of the MECL. According to us, it would be appropriate if the order dismissing the LPA is recalled and the LPA is heard on merits. The reason given by the applicant for not attending the appeal on the date on which it was called out by the Court, appears to be substantially satisfactory. Accordingly, MCA No.718 of 2011 is allowed and the order of this Court dated 04.07.2011 dismissing the LPA in default is restored to file with no order as to costs. JUDGE JUDGE *rrg.