Shri Piyadad Salvadon Pinto v. Mr. Alex Eflix Murtello

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.398 OF 2015 IN SECOND APPEAL NO.223 OF 2014 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders.

Mr.Talukdar Rambux Singh for the applicant

CORAM

: K.K.TATED, J.

DATED : 21/09/2015 PC:

Heard the learned counsel for the applicant.

Advocate for the applicant submits that respondents are duly served by hamdast. To that effect, affidavit of service dated 19.3.2015 is filed. Though respondents are duly served, no one appeared on behalf of them when the matter was called out.

This application is for restoration of Second Appeal No.223 of 2014 with Civil Application No.580 of 2014 which was dismissed for default by order dated 10.9.2014.

Considering the submissions made by the learned counsel for the Applicant and the averments made in the paragraph nos.3, 4 and 5 of 1/3

the Civil Application, I am satisfied that the Applicant has made out a case for allowing the present Civil Application. Hence, following order: a) Order dated 10.9.2014 passed by this court is recalled.

b) Second Appeal No.223 of 2014 with Civil Application No.580 of 2014 is restored on file for hearing on its own merits.

c) Civil application stands disposed off accordingly.

(K.K.TATED, J.) 2/3

CERTIFICATE Certified to be true and correct copy of the original signed order.

3/3