1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.12625 of 2009 with C.A.No. 3477/2009 In RC No.1690/2009 In SAST No.4538 of 2009. _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard Mr.Afzal Husain, learned advocate holding for Mr.D.S.Bagul, advocate for the applicant. 2. These are applications for condonation of delay and restoration of the appeal which came to be dismissed in default. 3. Counsel would submit that the appeal was with the office on account of objection. It was on stamp No.4538/2008. He submits that he could not notice the appeal when it was scheduled on Board dated 20.4.2009 because he was under the impression that the office objection was to be removed and it was yet to be enlisted on Board for hearing. The appeal was dismissed behind his back. 4. The applications are supported by the affidavit and the reasons stated therein are acceptable. I accept the explanation and condone the delay. In the interest of justice, the order dated 20.4.2009 along with the order dated 12.5.2009 are recalled, subject to the condition that the applicants will remove the office objections within two (2) weeks and thereafter, if the appeal is registered then it be placed afresh for the purpose of admission. (V.R.KINGAONKAR,J.) Dt.17.12.2009. asp/office/Ca12625.09