1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR C.A.O.NO.1119 of 2009 in M.C.A.ST.NO.12959 OF 2009 IN S.A.NO.196 of 1998 (d) Ratnibai Bhaurilal Pidiyar (deceased) through L.Rs. Rajesh Bhaurilal Pidiyar and ors. ..vs.. Vishalkumar Kesrimal Agrawal and anr. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr.Rohit Joshi Adv. for the appellants. C ORAM : C.L.Pangarkar, J. DATED : 15th April, 2010. Heard the learned counsel for the appellants. None appears for the respondents. Though on last occasion Shri Lakhe, the learned counsel, had appeared in the matter and had requested to grant time to file reply to the application, he is absent today. Reply is not filed. This appeal was listed before the court on many occasions with direction to the appellants to file a paper-book. Finally, the court had passed an order on 2/12/2008 and 13/1/2009 that if the paper-book is not filed, the matter shall stand dismissed. However, since nobody had appeared in the matter, 2 the order dispensing with of the paper-book was not brought to the notice of the court. The learned counsel states that there was, in fact, an order dispensing with the filing of the paper-book and therefore, there was no question of matter being dismissed for non-filing the paper-book. It appears that the due to the elevation of then lawyer appearing for the appellants nobody had appeared in the matter and this fact is not brought to the notice of the court. Considering all these circumstances, the delay in filing the application for restoration stands condoned. The appeal stands restored to file. List the matter, according to its seniority, for final hearing. JUDGE. chute