1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.606/2009 IN CIVIL APPLICATION NO.4670/2008 IN FIRST APPEAL St.NO.20719/2008 Deputy Conservator of Forests. ..Applicant -VERSUS- Kantuben Jugalbhai Zatia and others. ..Respondents ......... Ms.P.U.Badadare, Advocate i/b Mr.Rajendra Desai, Advocate for the applicant. None for the respondents. .......... CORAM : A.P.DESHPANDE, J. DATED : 17TH FEBRUARY, 2009. P.C. : 1. By the present application, the applicant/appellant is seeking restoration of the application for condonation of delay in filing the appeal. The application was listed on 06.10.2008 and it came to be dismissed in default as the counsel for the applicant did not remain present when the matter was called out. It is stated in the present application that the Advocate for the applicant due to oversight did not notice that the application is listed. It is further stated that the Clerk of the counsel did not bring to the notice of the 2 counsel that the application is listed. 2. Having regard to the fact that no orders are passed in the appeal, I deem it appropriate to allow the present application. In the result, the order dated 06.10.2008 is set aside. The application for condonation of delay is restored to the file. The present application is allowed and disposed of. JUDGE