18cas1882-10.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1882 OF 2010 IN SECOND APPEAL NO. 710 OF 2008 M/s. P.G. Shah ... Applicant. V/s. Shri Ujwalkumar Ramvilas Lahoti & Ors. ... Respondents. --- Mr. Pravartak Pathak i/by Mr. Uday Warunjikar for the Applicant. Ms. Ujwala Sawant i/by Mr. A.K. Maheshwari for Respondent Nos. 1 & 2. Mr. Minoo Siodia alongwith Agrawal Nikhil & Kaushik Nareshsingh i/by Rustamji & Ginwala for Respondent No. 3. --- CORAM:- G.S. GODBOLE, J. DATED :- 04TH OCTOBER, 2011. P.C. : 1 This Civil Application is for restoration of the Second Appeal which has been dismissed for non-prosecution on account of failure of the Applicant to take steps to comply with the orders dated 10th February, 2009, 6th November, 2009 and 20th November, 2009. The last of which was a conditional order, resulting in dismissal of the Second Appeal. The Application is strongly opposed by the Respondent Nos. 1 and 2 by filing Reply. Mr. Siodia has also opposed the Application on behalf of 18cas1882-10.sxw 2 Respondent No.3. All the Respondents are served. 2 The dismissal of the Second Appeal was on account of failure to serve the Respondents and though the explanation given in paragraphs 5 to 8 is not completely satisfactory, some explanation is offered. Hence, taking a lenient view, the Civil Application is allowed in terms of prayer clause (a) subject to the payment of costs of Rs.1,500/- to be paid to Respondents No. 1 & 2 within two weeks. 3 List the Second Appeal for admission after two weeks. Since notice before admission was issued in the Second Appeal, Advocate for the Applicant/Appellant shall serve complete compilation to the Advocate for the Respondent Nos. 1 and 2 within one week. [G. S. GODBOLE, J.]