- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 32 OF 2009 IN CIVIL APPLICATION No. 1271 OF 2008 IN APPEAL FROM ORDER 94 OF 2003 Cyrus Pestonji Dubash ... Applicant Vs. Zubin Dineshaw Gagrat & Ors. ... Respondents Mr. R. S. Tripathi with Mr. I. S. Mecwan, for the applicant. Mr. Sachin Kudalkar i/b Madekar & Co., for respondent. CORAM : R. V. MORE, J. DATE : JUNE 9, 2009. PC :- . Heard the learned counsel for the parties. Present Civil Application is taken out for the restoration of Civil Application No. 1271 of 2008, which was dismissed in default as the applicant failed to file service affidavit within stipulated time. I am satisfied that sufficient reasons are given for restoration of Civil Application No. 1271 of 2008. Hence, Civil Application No. 1271 of 2008 is restored to file. Accordingly, present Civil Application is disposed of. - 2 - 2. Office is directed to place Civil Application No. 1271 of 2008 on board for orders, after two weeks. Mr. Medhekar, learned counsel for the respondent waives service in Civil Application No. 1271 of 2008. Sd/- [ R. V. MORE, J.]