1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE SIDE CIVIL APPLICATION NO.485 OF 2004 IN SECOND APPEAL STAMP NO.35959 OF 2003 | Office Notes, Office Memoranda of Coram | Court’s or Judge’s Orders appearances, Court’s orders or directions | and Registrar’s orders. | Mr.M.M.Sathaye for the Applicant. Mr.A.A.Garge for the Respondents. CORAM: R.G.KETKAR, J. DATE : 8th September, 2011. P.C.: This is an application for condoning the delay of 106 days caused in filing the second appeal. Office remark indicates that since the applicant did not take steps for effecting service on Respondent No.3, as per the Court’s order dated 25.06.2009, the civil application No.1609 of 2008 for restoration stood dismissed qua Respondent No.3, as also the present civil application stood dismissed qua Respondent No. 3. Heard Mr.Sathye, learned counsel for the Applicant and Mr.Garge, learned counsel for the Respondents. No affidavit in reply is filed opposing the application. For the reasons set out in the application, civil application is allowed in terms of 2 prayer clause (a), with no order as to costs. It is clarified that in view of the order dated 25.06.2009 the second appeal stands dismissed qua Respondent No.3. (R.G.KETKAR, J.)