1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE NAGPUR BENCH, NAGPUR M.C.A . NO. 533/2008 in FIRST APPEAL NO. 138/1997 (M/s Khushalchand Shankarlal & Sons & ors. Vs. Yeshwant Shetmal Prakriya Sahakari Sanstha Ltd.) Appeal District : Application No. of 200 Writ petition Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's orders. CORAM : Smt. Vasanti A. Naik, J. DATED : 10 th JUNE, 2008. Later on: The present M.C.A. was dismissed for want of prosecution, in the morning session. Some time after the matter was dismissed in default, Shri Barnord John holding for Shri J.A. Anthony, the counsel for the applicants, appeared before the Court, and informed the Court that the M.C.A. came to be dismissed in his absence while he was on his way to the Court room. The Court directed the counsel for the applicant to deposit costs of Rs. 500/- in the High Court Bar Association's Library in case he desired of recall of the order which was passed in the morning session. The counsel for the applicants has deposited the costs of Rs. 500/- in the High Court Bar Association's Library and has produced the receipt thereof. For the reasons stated by Shri Barnord John 2 and in view of the deposit of costs of Rs. 500/-, the order dismissing the M.C.A. for want of prosecution, is recalled. M.C.A. is restored to file. Matter is taken up for hearing on M.C.A. Heard the learned counsel for the applicants. By this application, the applicants seek restoration of first appeal which was dismissed in default on 15/2/2008 for not filing the private paper book. It is stated in the application that the counsel was unable to attend the Court on 15/2/2008 as the father of the learned counsel Shri Barnord John was admitted in the hospital at the relevant time. The counsel for the applicants submitted that his non-appearance was due to sufficient cause. It is further submitted on behalf of the applicants that the private paper book is now ready and would be filed in the Court immediately. In this view of the matter, M.C.A. is allowed. Order dated 15/2/2008 is hereby set aside. First Appeal No. 138/1997 is restored to file. The applicant should, however, file the private paper book in this Court within a period of three days from today. M.C.A. is allowed and disposed of accordingly. JUDGE RMP