: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.63 OF 2010 IN CIVIL APPLICATION NO.1209 OF 2009 IN APPEAL FROM ORDER NO.974 OF 2009 Jyoti Haroon Khan .. Applicant V/s. Municipal Corporation of Greater Bombay .. Respondents Mr. Shashi Pandey i/b. Mr. Roshan Baig for the Applicant. Smt. K.K. Soraan for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 11 TH MARCH, 2010. P.C.: 1. The order dated 3rd March, 2010, passed by this Court is recalled. 2. This Civil Application has been filed for setting aside the order dated 1st February, 2010, by which the Appeal from Order was dismissed for default. : 2 : 3. For the reasons stated in the Civil Application, it is allowed in terms of prayer clause (a), however, on payment of costs of Rs.2,000/- to be paid to the respondent-Municipal Corporation. Costs to be paid within a week from today. 4. The Appeal from Order, alongwith Civil Application No.1209 of 2009 therein, is restored to file.