1 1181.11-caa IN THE HIGH COURT OF JUDICATURE AT BOMBAY. APPELLATE JURISDICTION. CIVIL APPLICATION NO. 1181 OF 2011 IN APPEAL FROM ORDER NO. 699 OF 2011 M/s.Dimple Enterprises and another. ... Applicant. V/s. Skyway RMC Plant Pvt.Ltd. ... Respondents. M.Mukarji i/b. Wadia Ghandy & Co. for the applicant. I.M.Vohra i/b. Sanjeev Singh for the respondent. CORAM: R.M.BORDE, J. DATED : 12th September 2011. P.C. : This is an application for setting aside the order of dismissal dated 3rd May 2011 and for restoration of appeal from order. Application is opposed by the respondent contending that delay occurred in taking out this application. Considering the contentions raised in the application, the application deserves to be allowed and the same is, accordingly, allowed. Delay, if any, stands condoned. The order dated 3rd May 2011 dismissing the appeal for non-prosecution is set aside. Appeal form order is restored to its original number. 2. Civil application is disposed of. (R.M.BORDE, J.)