: 1 : Dixit IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4446 OF 2007 CIVIL APPLICATION NO.4446 OF 2007 CIVIL APPLICATION NO.4446 OF 2007 IN IN IN FIRST APPEAL NO.231 OF 1995 FIRST APPEAL NO.231 OF 1995 FIRST APPEAL NO.231 OF 1995 Kalpesh @ Abhishek Manohar @ . Prakash Gophane ...Applicant V/s. The State of Maharashtra ...Respondent Mr.Ghadigaonkar, Advocate, h/f. Anil Subramaniam, for the Applicant. Mr.B.H. Mehta, AGP, for the Respondent-State. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. CORAM : ABHAY S. OKA, J. DATE : 23RD NOVEMBER, 2007. DATE : 23RD NOVEMBER, 2007. DATE : 23RD NOVEMBER, 2007. P.C.: P.C.: P.C.: 1. Rule. Learned AGP for the respondent waives service. Taken up for hearing. 2. In view of averments made in the Civil Application, a case is made out for restoration of the Appeal which was dismissed for default. Hence the Civil Application is allowed in terms of prayer clauses (a) and (b). 3. The First Appeal shall be listed on final hearing board of the First Appeals under the Motor Vehicles Act in January, 2008. : 2 : [ABHAY S. OKA, J.] [ABHAY S. OKA, J.] [ABHAY S. OKA, J.]