1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.248 OF 2010 IN FIRST APPEAL (ST) NO.10688 OF 2007 The Oriental Insurance Co. Ltd. ..Applicant V/s. Smt.Savitribai Gangaram Lambhor ..Respondents (deceased) through Legal Heirs & ors Mr.N.G.Ghotekar, Advocate, for the applicant Mr.T.J.Mendon, Advocate, for the respondent Nos.2 to 5 CORAM : C. L. PANGARKAR, J. DATE : 1ST FEBRUARY, 2010 P.C. . Heard the learned counsel for the parties. 2. This application has been moved for restoration of the Appeal which came to be dismissed for non-compliance of the Order in as much as an Affidavit with regard to service was not filed. There is delay of more than 760 days in preferring the Application. The 2 learned counsel for the applicant states that inadvertently he could not make compliance of the Order and could not move the application for restoration. The learned counsel for the respondent Nos.2 to 5 contended that since the Appeal was dismissed and the Affidavit of service was not filed, he has already executed the Order and recovered money. Although, money may have been recovered under the Award. The appeal does not become infructuous. In view of this, the Appeal is restored to file subject to payment of costs of Rs.1500/- to be paid to the respondents. Delay stands condoned. 3. The above Civil Application stands disposed of accordingly. (C.L.PANGARKAR, J.)