1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.1093/2009 IN FIRST APPEAL NO.2088/2008 Sanjay Hindurao Warake and others. ..Applicants/Appellants -VERSUS- The Ganesh Bank of Kurundwad Limited. ..Respondent ......... Mr.Rupesh Nalavade, Advocate for the Applicants/Appellants. Mr.P.r.Arjunwadkar, Advocate for the Respondent. .......... CORAM : A.P.DESHPANDE, J. DATED : 04th APRIL, 2009. P.C. : 1. The learned counsel for the Respondent-Bank had made a statement that the Respondent-Bank has merged and the new legal entity is the Federal Bank of Kurundwad Limited. Despite the said statement, no steps are taken to carry out the amendment. 2. The learned counsel for the Applicants/Appellants undertakes to carry out the amendment in the cause title of the appeal and bring on record the name of the Federal Bank Ltd. in place of the Respondent Ganesh Bank Ltd.. 3. Amendment be carried out forthwith. 2 4. The Applicants/Appellants have prayed for restoration of the appeal by the present Civil Application. The appeal came to be dismissed on account of absence of counsel on 15.12.2008 for non prosecution. 5. The application is opposed by the learned counsel for the Respondent by pointing out that on earlier occasion as well the appeal was dismissed, however, was restored on payment of costs of Rs.2500/-. 6. In the result, though this application is allowed and the appeal is restored, the same shall be subject to payment of costs of Rs.2500/- to be paid by the Applicants/Appellants to the Respondent within four weeks from today. 7. The application is disposed of. JUDGE