Per Mr P N Kashalkar, Hon’ble Presiding Judicial Member

Both the counsels are absent. We perused the Misc. Application filed by appellant for restoration of appeal No.94/2008, which was dismissed in default on 03.10.2008 with a finding that both the parties were absent when called. Thereafter, within a month, i.e. on 17.10.2008 this MA/08/521 for restoration of said appeal was filed.

We satisfied with the grounds mentioned in the application, which are bona fide and deserve to be acted upon.  We are inclined to restore the appeal bearing No.A/08/94 to the file. Hence, the following order:-

ORDER

1.      MA/08/521 is allowed and appeal No.A/08/94 is restored to its file. 

2.      Appeal bearing No.A/08/94 be kept for admission hearing on 30.09.2011. 

3.      Inform the parties accordingly.

          Pronounced on 07.07.2011.