1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MCA NO. 221 OF 2008 in FA NO. 1037/ 2007 M/s. Kothari Trading Co. & Ors. vs. Nagpur Nagrik Sahakari Bank Ltd. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 18, 2008. Heard Shri Khare, Advocate for the appellants/ applicants and Shri Sohoni, Advocate for the respondent. The prayer is to restore First Appeal No. 1037 of 2007, which came to be dismissed in default on 15.2.2008. It is stated that the counsel was unwell since 14.2.2008 and therefore, he could not appear in the Court and also could not make alternate arrangements. The request is being opposed by Shri Sohoni, Advocate, who contends that the reason put forth is incorrect and it is a case of sheer negligence. He further states that no Medical Certificate has been placed on record in support of his illness by the learned counsel for the appellants. The appeal was challenging an order passed under Section 34 by the District Court and the appellants/ applicants had deposited an amount 2 of Rs. Three lakhs to show their bonafides as per orders of this Court dated 7.12.2007. In these circumstances, it cannot be said that the appeal was allowed to be dismissed deliberately. The fact that there is no medical certificate in support of illness of learned counsel for the appellants does not in any way derogate very correctness of said statement in para 6 of the application. The application for restoration is also moved immediately. In the circumstances, order dated 15.3.2008 dismissing First Appeal in default is recalled and said First Appeal is restored back to file. The office to list First Appeal No. 1037 of 2007 for further consideration on 9.4.2008. JUDGE *GS.