1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5005 OF 2008 IN CIVIL APPLICATION NO.3738 OF 2006 IN FIRST APPEAL ST. NO.15058 OF 2006 Maharashtra State Road Transport Corporation : Applicant. Versus Shri Sanjay Suresh Shrivastava : Respondent. Shri C.M.Lokesh for the Applicant. CORAM : R.M.SAVANT, J. DATED : September 26, 2008 P.C. 1. Not on board. Mentioned. In view of the urgency, taken on board. 2. By the above Civil Application, the Applicant seeks restoration of the Civil Application No.3738 of 2006 which has been dismissed for default on 2/2/2007 on account of non-appearance of the advocate for the Applicant on the said date. 2. The reasons for the non-apperance are mentioned in the 2 above Civil application. Hence for the reasons cited in the above Civil Application, the same is allowed in terms of prayer clauses (a) and (b). Resultantly, the Civil Application No.3738 of 2006 is restored to file. 3. It appears that in the said Civil Application NO.3738 of 2006, which is filed for condonation of delay, ad interim relief in terms of prayer clause (aa) was granted subject to the condition that the Applicant shall deposit the entire decretal amount. The Applicant/Appellant has accordingly deposited the entire decretal amount of Rs.12,20,732/- in the trial Court. 4. It is submitted by the learned counsel for the Applicant that though the Civil Application No.3738 of 2006 is for condonation of delay, there is no prayer clause (aa) in the said Civil Application. The learned counsel for the Applicant further submitted that the Civil Application No.3739 of 2006 is for stay where by way of prayer clause (a) stay of the impugned Judgment and Award of the Tribunal is sought for. He therefore submits that it be clarified that the ad interim 3 relief in terms of prayer clause (a) is granted in Civil Application No.3739 of 2006. 5. Accordingly it is clarified that the ad interim relief in terms of prayer clause (a) is granted in Civil Application No.3739 of 2006. 6. This is on the basis that the Applicant/Appellant has deposited the entire decretal amount in the trial Court. The above Civil Application No.5005 of 2008 is accordingly disposed of. List the Civil Application Nos.3738 of 2006 and 3739 of 2006 for hearing on 17th October 2008. [R.M.SAVANT, J]