IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO.1201 of 2006. APPLICATION NO.1201 of 2006. APPLICATION NO.1201 of 2006. IN IN IN SECOND SECOND SECOND APPEAL NO. 730 OF 2005. APPEAL NO. 730 OF 2005. APPEAL NO. 730 OF 2005. ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri N.V.Vechalekar for the Applicant. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 8th August, 2006. : 8th August, 2006. : 8th August, 2006. P.C.: P.C.: P.C.: 1. Heard the learned Advocate appearing for the Applicant. Case for restoration is made out. Accordingly the Application is allowed in terms of prayer clause (a) subject to condition that the Applicant will serve private notice of the Second Appeal No.730 of 2005 to all the Respondents in terms of the order dated 26th September 2005 returnable on 11th October 2006. Affidavit of service to be filed before returnable date. If service is not effected to all the Respondents, the Second Appeal will stand dismissed for want of prosecution without further reference to the Court as against the unserved Respondents. Judge. Judge. Judge.