1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 395 OF 2009 IN FA NO. 13 OF 2009 (Arun Pundlikrao Nagulwar vs. Kanhaiyalal Shamrao Jadhav) 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. APRIL 03, 2009. First appeal was dismissed in default as learned counsel for the appellant could not remain present on 17.2.2009. The learned counsel has stated that as he was informed by the other advocate that the said other advocate is going to take adjournment, he did not remain present. Though, the reason put forth is not satisfactory and not sufficient, I find that the application is supported by an affidavit of advocate himself. In the circumstances, the order dated 17.2.2009 is hereby recalled subject to payment of cost of Rs.100/- to High Court Legal Services Sub- Committee, Nagpur, by 9.4.2009. If the costs are so paid, the office to restore First Appeal and place it for further consideration. JUDGE *GS.