1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. O. NO. 1248 OF 2010 IN M. C. A. ST. NO. 8899 OF 2010 IN FIRST APPEAL NO. 285 OF 2003 Chief General Manager Western Coalfields Chandrapur Vs. Malkitsingh Majjitsingh Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri A. M. Ghare, Adv for applicant. Shri A. Parchure Adv for non applicant/respondent. CORAM: .R. M. SAVANT J. Dated: 2 nd FEBRUARY, 2011. By the above civil application applicant/appellant seeks condonation of delay of 158 days in filing Misc. Civil Application for restoration of the above First Appeal which has been dismissed for non prosecution on account of the non appearance of the learned counsel for the applicant on 20.11.2009. Reasons why the delay of 158 days has occasioned are mentioned in the civil application. Learned counsel for the respondent submits to the orders of the Court. For the said reasons the civil 2 application is allowed. Resultantly the delay of 158 days in filing M. C. A. for restitution stands condoned. Civil Application is accordingly disposed of. Misc. Civil Application No. 8899 of 2010: By the above civil application applicant seeks restoration of the above First Appeal which has been dismissed for non prosecution on 20.11.2009. By an order passed today the delay in filing above application has already been condoned. In view thereof, the above civil application is required to be allowed and is accordingly allowed. Resultantly First Appeal No. 285 of 2003 is restored to file and be placed for final hearing in the week commencing from 14.03.2011 as per its turn. Applicant to pay costs of Rs. 500/- to the respondents within a period of 4 weeks from today i. e. till 02.03.2011. JUDGE svk 3 4 5