1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR M.C.A.NO. 620/2009 IN S.A.NO. 466/2002 ( The Corporation of Sister of Holy Cross .vrs. Gnyaneshwar Khushalrao Rajgure ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : AUGUST 14, 2009. Heard Shri Anjan De, learned Counsel for the applicant and Shri S.Y. Deopukari, learned Counsel for non- applicant. Shri De, was not present when the matter was decided by this Court. On affidavit reasons therefor are disclosed. Hence in the interest of justice, the judgment dated 25.03.2009 is recalled, subject to costs of Rs.10,000/- payable by the present applicant to the non-applicant, by 28th August, 2009. If the costs are so paid, office to list the Second Appeal for final hearing before appropriate Bench. Judgment dated 25.03.2009 is thus recalled, subject to payment of costs as mentioned above. Misc. Civil Application is accordingly allowed. JUDGE Rgd.