IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2408 OF 2008 IN WRIT PETITION NO.3026 OF 2008 Parke Davis India Ltd. ..Applicant.. Vs. Suresh Kandu and others ..Respondents. .... Mr. Rohan Cama with Mr. G.S. Shetty i/b M/s. Chitnis & Co. for the Applicant. Mr. Vishal Talsania with Ms. Pallavi Dedhia i/b M/s. Sanjay Udeshi & Co. for the Respondents. .... CORAM: DR. D.Y. CHANDRACHUD, J. 17th December, 2008. P.C. : The Petition was dismissed in default on 24th August, 2008. The reasons for the absence of the learned advocate have been explained in paragraph 7 of the Civil Application. The delay of five days in taking out the Civil Application is condoned since sufficient cause has been shown. For the reasons stated, the order for dismissal in default is recalled and the Petition is restored to the file subject to the payment of costs quantified at Rs.3,000/- which shall be a condition precedent. The Petition shall be listed for admission on 14th January, 2009.