1 k IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4966 OF 2011 IN FIRST APPEAL NO.17745 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. Shishir Joshi a/w Ms. Madhu Hiroskar i/b M/s Chitnis Vaithy & Co. for the Applicant. None for the Respondent. CORAM : K.K.TATED,J. DATE : 20/12/2011. PC: Heard learned counsel for the applicant. None for the respondent though duly served. The learned counsel appearing on behalf of the applicant filed an affidavit of service dated 19th December, 2011. Same is taken on record. It is stated in the affidavit of service that respondent was not present at home and the respondent’s family members, mother and sister refused to accept the service of the papers and proceedings. 2 This application is preferred by the original defendant for recalling the conditional order dated 4th August, 2011. He submits that as per the order dated 4th August, 2011, the applicant was supposed to serve the respondent either by registered post and/or by courier service and/or by hand delivery and to file affidavit of service. He submits that because of personal difficulty on the part of the applicant he could not able to file affidavit of service as per the conditional order dated 4th August, 2011. He pointed out that the applicant tried to serve the respondent but the family members who were present at that time i.e. mother and sister refused to accept the service of the papers and proceedings. To that effect the applicant prepared affidavit of service dated 4th August, 2011 but the same was not filed in Registry and therefore, matter stands dismissed as per conditional order dated 4th August, 2011. 3 Considering the submissions made by the learned counsel appearing on behalf of the applicant and averments made in the civil application, civil application is allowed in terms of prayer clause (a) which reads thus: “a) that this Hon’ble Court be pleased to restore the Civil Application No.3117 of 2011, which was dismissed for non prosecution by Conditional Order dated 4th August, 2011.” Civil Application is disposed of accordingly. (K.K.TATED, J.)