- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 1474 OF 2008 IN APPEAL FROM ORDER No. 899 OF 2008 Mrs. Hausabai Bharat Thakur ... Appellant Vs. Mrs. Meena Hasmukh Seth & Anr. ... Respondents Mr. Jeetendra Sachdev, for appellant. Mr. Pankaj Shah, for respondent No.1. CORAM : R. V. MORE, J. DATE : JULY 2, 2009. PC :- 1. Heard the learned counsel for the applicant and respondent No.1. None appears for respondent No.2 though served. Present application is taken out for restoration of Appeal From Order No. 899 of 2008. Said appeal along with Civil Application No. 1080 of 2008 was dismissed by an order dated 8-9-2008 as the learned counsel for the appellant failed to remain present. In paragraph 3 of the application, it is stated that learned counsel for the appellant could not remain present as he was not informed about the matter being on board by his clerk. It is further stated that thereafter he inquired from time to time as to why matter has not come on board and ultimately learned counsel for appellant learnt that the matter was already dismissed in default, and thereafter - 2 - present civil application is filed. In the facts and circumstances, application is allowed in terms of prayer clause (a) and (b) subject to costs, which is quantified at Rs.2,500/- to be paid by the appellant to respondent No.1, within a period of two weeks from today. Sd/- [ R. V. MORE, J.]