1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1333 OF 2009 IN APPEAL NO.15 OF 2005 IN WRIT PETITION NO.840 OF 2003 D.N.Vidhate .... Appellant V/s. Hindustan Petroleum Corporation and Anr. ..... Respondents Mr.S.S.Pakale, for the appellant. Mr.Vishal Talsania i/by Sanjay Udeshi & Co., for the respondent No.1. CORAM :P.B.MAJMUDAR, & R.V.MORE, JJ. DATE : DECEMBER 18, 2009 P.C. 1. Heard the learned Advocates for the parties. Considering the facts and circumstances of the case, the appeal which was dismissed for default, is restored to the file. The notice of motion is made absolute in terms of prayer clause (a). The notice of motion is disposed of. 2. Appeal to be circulated for admission in due course. 2. The learned counsel for the appellant assured the Court that he will remain present in the Court as and when matter is called out. ( R.V.MORE, J. ) ( P.B.MAJMUDAR, J.)