1 2669-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2669 OF 2010 IN FIRST APPEAL (STAMP) NO.28461 OF 2007 (New India Assurance Co. Vs.Gundu) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.D.B.Gupta, for applicant. CORAM : R.G.KETKAR,J. DATE : 23 rd JULY, 2010 P.C. Heard Mr.Gupta, learned counsel for the applicant. 2] This application is for condonation of delay of 182 days caused in filing Civil Application for restoration of first appeal. Learned counsel for the applicant states that the appeal was dismissed in default on the very first date of hearing. The respondent no.7 did not appear on the day of dismissal. In so far as the respondent nos.1 to 6 are concerned, they are served in this application. 3] In view of this, considering the request made in the application, Civil Application is allowed in terms of prayer clause (a) with no order as to the costs [R.G.KETKAR, J.] 2669-10.sxw 2 2669-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2668 OF 2010 IN FIRST APPEAL (STAMP) NO.28461 OF 2007 (New India Assurance Co. Vs.Gundu) Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s order Court’s or Judge’s orders Mr.D.B.Gupta, for applicant. CORAM : R.G.KETKAR,J. DATE : 23 rd JULY, 2010 P.C. Heard Mr.Gupta, learned counsel for the applicant. This application is for recalling the order dated 9 th September, 2009 and for restoration of First Appeal (Stamp) No.28461 of 2007. 2] For the reasons set out in the application, Civil Application is allowed in terms of prayer clause (a) with no order as to the costs. First Appeal (Stamp) No.28461 of 2007 is restored to file. [R.G.KETKAR, J.] 2669-10.sxw