IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.347 OF 2007 IN FIRST APPEAL NO.60 OF 2003 Mrs.Nirmala Babulal Khairajani Versus M/s C.Nasni Roadways ... Smt. Netrali Jain Adv. h/f Shri A.H.Kasliwal, Adv. for applicants, Shri L.C.Patil, Advocate for respondent No.1, Shri S.V.Kulkarni, Advocate for respondent No.3, Shri N.R.Warma, Advocate for respondent Nos.4 and 5, Shri P.P.Bafna, Advocate for respondent No.6, Respondent No.2 - Deleted. ... CORAM : S.B.DESHMUKH & SHRIHARI P.DAVARE, JJ. Dated : 20.11.2009 PER COURT :- 1. Heard respective counsel. 2. Rule. By consent, Rule made returnable forthwith. 3. The applicants have preferred this application for setting aside the order of dismissal of first appeal in default, dt.3.8.2009 passed in First Appeal No.60 of 2003. 4. Learned counsel for the respondents opposed the present application. 5. Considering the contents of the application, more particularly, paragraph No.2, it appears that the applicants have explained the reasons 2 satisfactorily for non appearance of the applicants on the date of dismissal of first appeal. Hence, we are inclined to allow the Civil Application. 6. Civil Application is accordingly allowed in terms of prayer clause (B). First Appeal stands restored to file. It be listed for final hearing chronologically Rule made absolute accordingly. No order as to costs. (SHRIHARI P.DAVARE,J.) (S.B.DESHMUKH,J.) ... akl