1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1631 OF 2008 IN APPEAL FROM ORDER NO.781 OF 2007 Vijaymani Shobhnath Tiwari & Anr. ....Applicants Versus M/s. Akruti Nirman Pvt. Ltd. & Ors. ....Respondents Mr. P. H. Dharmadhikari with Mr. A.S. Malvankar for Applicants. Mr. Rizvi Naserali i/b. M/s. Thakore Jariwala for Respondent No.1. Ms. Poornima K. Kaluse with J. G. Reddy for Respondent No.4-S.R.A.. CORAM : R. V. MORE, J. DATE : 12th JUNE, 2009. P.C. : Heard, learned Counsel for the Applicants and Respondent No.1 and 4, respectively. None appears on behalf of Respondent Nos. 2 & 3 though served. The Application is taken out for restoration of the above Appeal from Order. 2. By the order dated 7th October, 2008, this Court granted Applicants four weeks’ time to take necessary steps to serve the unserved Respondents. It was further directed that if necessary steps are not taken within the stipulated time, the matter will stand dismissed for want of prosecution. The Applicants could not serve the Respondents and therefore, the Appeal from Order was dismissed for default. For the reasons stated in the application at paragraph nos. 3, 4 & 5, I restore the Appeal from Order on its original file. The Civil Application is accordingly, disposed of. 2 3. The learned Counsel for Respondent Nos. 1 & 4 waives service. So far as Respondent Nos. 2 & 3 are concerned, Office is directed to issue fresh notice to them returnable after four weeks . sd/- (R. V. MORE, J.)