1 dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.7919 OF 2008 -------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s Orders orders or directions and Registrar’s orders. ------------------------------------------------------------- Mr.P.K.Dhakephalkar for the petitioner. Mr.J.P.Kharge for respondents 1 to 6. CORAM : ANOOP V. MOHTA, J. DATED : 11.12.2008 P.C. The petitioner has challenged the impugned order dated 30.09.2008 whereby his application to restore the appeal which was dismissed in default was rejected as it was filed on the same day, but at about 6 p.m., by observing that no sufficient reason is made out and as it was not signed by the appellant. Without observing anything on the merits of the matter, I am inclined to grant one more opportunity to the petitioner in the interest of 2 justice. The impugned order is quashed and set aside. The parties to appear before the Court in second week of January, 2009. The Appellate Court to fix and/or decide the matter as early as possible. The petition is accordingly allowed, However, this is subject to costs of Rs.2,000/- to be paid to the plaintiff within two weeks as a condition precedent. [ANOOP [ANOOP [ANOOP V. qMOHTA,J.] V. qMOHTA,J.] V. qMOHTA,J.]