1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Civil Application No.7780 of 2009 In W.P.No.4671 of 1996 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ 1. Heard counsel. 2. The petition was dismissed in default due to non-appearance of the counsel. Counsel would submit that she was engaged in another Court at the relevant time and immediately appeared in the matter but by that time, the petition was dismissed. She makes a statement that she was asked to bring counsel for the other side but she was unable to do so as he was not located. The application is filed without any delay as such and the reasons stated in the application are sufficient to recall the dismissal order. Hence, the C.A. is allowed. The petition may be restored to its original position. The dismissal order is recalled. The original petition shall be enlisted for final hearing on 9.2.2010 at 2-30 p.m. and counsel for both the sides who are present today are informed that it will be finally heard at fixed time i.e. 3-00 p.m. on 9.2.2010. (V.R.KINGAONKAR,J.) Dt.25.01.2010. asp/office/Ca7780.09