-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 594 OF 2009 CIVIL APPLICATION NO. 594 OF 2009 CIVIL APPLICATION NO. 594 OF 2009 IN IN IN APPEAL FROM ORDER NO. 74 OF 2009 APPEAL FROM ORDER NO. 74 OF 2009 APPEAL FROM ORDER NO. 74 OF 2009 1. Sanjay Sakharam Kambale & Ors. .. Applicants. (Org.Plaintiffs) V/s. 1. Sudhakar Tukaram Bidkar & Ors. .. Respondents. (Org.Defendants) --- Mr.Puroshottam G. Chavan for the Applicants. ---- CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. CORAM : R. V. MORE, J. DATED : 02nd MAY, 2009 DATED : 02nd MAY, 2009 DATED : 02nd MAY, 2009 P.C. : P.C. : P.C. : 1. Heard the learned counsel appearing for the applicants. 2. In the above A.O., notice was issued on 18th February, 2009 and was made returnable within four weeks. The appellants were also granted liberty to serve the respondents by private notice and file service affidavit before the returnable date. The applicants could not file service affidavit before the returnable date and therefore, A.O. was dismissed for non-prosecution. Therefore, the present civil application for restoration of the said A.O. -: 2 :- is filed. 3. The learned counsel for the applicants submit that though the notice to the respondents was sent on 11.03.2009, he has not yet received the acknowledgement. 4. In the above facts and circumstances, this civil application can be disposed of in the absence of the respondents. The reasons given in para 5 of the civil application, in my view, are sufficient to restore the A.O. Hence, conditional order dated 18.02.2009 is set aside and the A.O. is restored to file. 5. Civil Application is allowed accordingly. (R.V.MORE,J.) .....