IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION. APPELLATE JURISDICTION. APPELLATE JURISDICTION. CIVIL CIVIL CIVIL APPLICATION NO. 6638 of 2007. APPLICATION NO. 6638 of 2007. APPLICATION NO. 6638 of 2007. IN IN IN FIRST FIRST FIRST APPEAL ST. NO.40656 OF 2001. APPEAL ST. NO.40656 OF 2001. APPEAL ST. NO.40656 OF 2001. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Mrs.G.P.Mulekar, A.G.P. for the Applicant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 18th December, 2007. : 18th December, 2007. : 18th December, 2007. P.C.: P.C.: P.C.: 1. Heard the learned A.G.P. for the Applicant. A case for restoration is made out. Rule is made absolute in terms of prayer clauses (b) subject to condition that the Applicant will serve a private notice of the Civil Application No.4042 of 2006 to the Respondent returnable on 13th February 2008. If the affidavit of service is not filed before returnable date, the said Application will stand dismissed for non-prosecution without further reference to the Court. Judge. Judge. Judge.