1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1302 OF 2007 IN APPEAL FROM ORDER NO. 610 OF 2007 The Moon Star Properties .......Applicant. versus St. Sebastian Homes C.S.Ltd. & ors......... Respondents. Mr. Mohd. Akram i/b M/s. Harilal Thakar & Co. for the Applicant Ms. Krana S. Sarwade for H.T. Pawar for the Respondent No.1. CORAM: A.P. DESHPANDE, J. DATED : 29TH AUGUST, 2008. P.C.: 1. Heard the learned counsel for the applicant/appellant and the counsel for respondent no.1 who is the original Plaintiff. The A.O. filed by the applicant was dismissed for non prosecution on account of absence of the counsel when the matter was listed before the learned Single Judge of this Court on 19-11-2007. The application for restoration and for setting aside the said order has been immediately filed on 20-11-2007. The reason set out in the application for absence of the counsel 2 is that the clerk of the counsel missed the matter from the cause list due to over sight and hence the counsel could not appear. For the reasons stated in the application, in the interest of justice, the present application is allowed. The order of dismissal dated 19-11-2007 is set aside. The appeal is restored to file. The learned counsel for respondent no.1 in all fairness does not oppose the request for restoration. Hence application is allowed. The matter be fixed for admission in two weeks. (A.P. DESHPANDE, J.)