IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.504 OF 2006 IN WRIT PETITION NO.4168 OF 2003 Bhagwandas Motiram & Co. ...Applicant Versus Shri.J.N.Pokar ...Respondent ...... None for Applicant. Mr.Rahul Kadam i/b Mr.Uday Warunjikar for Respondent. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 22, 2008. JULY 22, 2008. JULY 22, 2008. P.C. P.C. P.C. 1. None appears for the Applicant when the matter is called out. Dismissed for non-prosecution. 2. Later on, Mr.C.P.Deogirikar for Applicant mentioned the matter requesting to recall the order dismissing the Application for default on the ground that when the matter was called out, he was : 2 : busy in some other Court. 3. For the reason mentioned, order dismissing the Application for non-prosecution is recalled. Application is restored to file to its original number. 4. Heard Counsel for the parties. No reply has been filed by the opposite party though served. 5. In view of the facts stated in the Application, which have remained uncontroverted, in the interest of justice, Application is made absolute in terms of prayer clause 6(a). 6. It is, however, made clear that the deposit of compensation amount to be made by the Applicant in terms of this order in the Small Causes Court in the Account opened in respect of case No.R.A.E. Suit No.556/1313 of 1993 shall be without prejudice to the rights and contentions of the parties in the main matter. A.M.KHANWILKAR, J.