1 K IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4220 OF 2011 IN FIRST APPEAL NO. 1855 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr. N.M.Ganguli for the Applicant. Ms. Naseem Samnani i/b M/s Bhatt & Saldhana for the respondents. CORAM : K.K.TATED,J. DATE : 14/12/2011. PC: Heard the learned counsel for the parties. This Application is preferred by the original Appellant for recalling the order dated 11th January, 2011 by which the First Appeal no. 1855 of 2009 was dismissed for default. The learned counsel appearing on behalf of the Applicant submits that when the matter called out he was held up in other court and therefore, no one was present. He further 2 submits that the applicant is original applicant before the Commissioner for Workmen's Compensation, and his application came to be dismissed. He submits that the applicant have good ground to succeed in the present appeal. On the other hand, learned counsel appearing on behalf of respondents vehemently opposed the present civil application. She submits that the applicant failed to disclose sufficient cause for recalling the order dated 11th January, 2011. Admittedly, the advocate for the applicant was not present even on previous date i.e. on 29th September, 2010 and therefore, this court dismissed the applicant's First Appeal on 11th January, 2011. Considering the submissions made by the learned counsel appearing on behalf of applicant and the reasons disclosed in the application, I am of the opinion that the applicant has made out 3 case for allowing the present application. Therefore, application is allowed in terms of prayer clause (a) with costs. Prayer clause (a) reads thus: “(a) That the order dated 11.01.2011 dismissing the Appeal No.1855 of 2009 for default of appearance may be set aside and the appeal may be restored to file.” Applicant to pay a cost of Rs.250/- to the respondents within four weeks from today. Civil Application is disposed of accordingly. (K.K.TATED, J.)