1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.367 OF 2006 WITH CIVIL APPLICATION NO.365 OF 2006 IN FIRST APPEAL NO.77 OF 1999 United India Insurance Company Limited, Aurangabad. Applicant Versus Jagan s/o Andres Misar and others Respondents Mr.D.V.Soman, advocate for the applicant. Mr.A.R.Borulkar, advocate for Respondents No.1 & 2. Mr.A.A.Joshi, advocate for Respondent No.4. CORAM: R.M.BORDE, J. DATE : 25 th September, 2009. P.C.: 1 These are applications seeking restoration of the appeal as well as for condonation of delay occurred in presenting application for said purpose. 2 Heard learned Counsel for respective parties. 3 At the request of learned Counsel for applicant, name of Respondent No.3 – driver Shaikh Ayub s/o Shaikh Karim is permitted to be deleted from the array of respondents in the applications as well as in the appeal. Learned Counsel for applicant states that all the respondents have caused their appearance in the appeal and as such, no respondents are required to be served. 4 In this view of the matter, order passed by this Court dismissing the appeal for want of prosecution as well as subsequent order passed by Registrar needs to be set aside. Thus, order passed by this Court on 25.01.2000 and subsequent order passed by the Registrar are set aside. Appeal is restored to its 2 original number. The delay occurred in presenting the application for restoration stands condoned subject to payment of costs of Rs.500/- by the applicant within a period of three weeks from today. The amount of cost shall be deposited with High Court Bar Association Library, Aurangabad. Civil Application stand disposed of. Place the appeal for final disposal if it is ready in all respects. (R.M.BORDE) JUDGE ******* adb/ca36706