1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.4255 OF 2009 IN CIVIL APPLICATION NO.3375 OF 2009 AND CIVIL APPLICATION NO.4256 OF 2009 IN CIVIL APPLICATION NO.3376 OF 2009 IN FIRST APPEAL ST. NO.18297 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s of Judge’s orders Mr. M.K.Shukla and Vimal Tiwari, advs. for the applicants. S.C.Daswadikar i/by Uday Warunjikar, advs. for the Respondent Nos.4 and 5. Coram: J.H.Bhatia, J. Dated: 20th November, 2009 P.C.: 1 Heard the learned counsel for the Parties. 2 Civil Application No.3375 of 2009 was filed for condonation of delay in filing the First Appeal and Civil Application No.3376 of 2009 was filed for interim relief. Both these 2 applications were called on 10th September, 2009 but none appeared for the applicant therefore, applications came to be dismissed. Present applications are filed for restoration of those two civil applications. According to the learned counsel matter was earlier on board on 7th September, 2009 and on that day matter was adjourned for one week. However, it abruptly came on board on 10th September, 2009 and, therefore, he could not remain present. On perusal of the record, I find that on 7th Sep., matter was adjourned specifically to 10th September, 2009. There is nothing to show that matter was adjourned for one week and the matter was accordingly listed on 10th September, 2009. Contention made by the applicant about the wrong date is not correct. However, in the interest of justice, both the applications are allowed and the Civil Application No.3375 of 2009 and Civil 3 Application No.3376 of 2009 are hereby restored to the file subject to the applicant depositing cost of Rs.1,000/- with the State Legal Aid Authority within one week from this date. Failing to deposit this cost, these applications shall be deemed to have been rejected. 3 Said two applications be listed on 27th November, 2009. 4 Civil applications stand disposed off. (J.H.Bhatia, J.)