IN THE HIGH COURT OF BOMBAY AT GOA MISC.CIVIL APPLICATION NO. 804 OF 2005 IN APPEAL FROM ORDER NO. 43 OF 2005 THE STATE OF GOA, REPRESENTED BY ....Applicant THE EXECUTIVE ENGINEER, Versus M/S. STEELCRETE CONSTRUCTIONS A ....Respondent PROPRIETORSHIP CONCERN OF LATE SHRI PRABHAKAR S.PAI ANGLE(DEC)BY LRS Shri S.S. Kantak, Advocate General with Ms. Rakhi M. Chodankar, Addl. Govt. Advocate for the Applicant. Coram:- D. D. SINHA, J. Date:- 25th November, 2005 P.C.: Heard the learned Advocate General for the Applicant. Misc. Civil Application No.804/05 is moved for restoration of Appeal from Order No.43/05. Considered the contentions canvassed by the learned Advocate General. It is not in dispute that when the matter was dimissed for want of prosecution, no notice was issued in the said matter to the respondent by this Court. The application is allowed, subject to payment of costs of Rs.500/- to be paid to the State Legal Services Authority within a period of three days. The applicant is directed to deposit the acknowledgment thereof in the Registry of this Court. On submission of such acknowledgment, Order dated 26.10.05 shall stand revoked and Appeal from Order No.43/05 shall stand restored in the file of this Court. The Office is directed to list the appeal for admission on Tuesday, 29.11.2005. Application disposed of accordingly. D. D. SINHA, J. sl.