1) By this application, the applicants seek restoration of Second Appeal No.7 of 2011, which came to be dismissed for want of prosecution vide order dated 29.2.2012 on account of absence of the learned advocate for the appellants.
2) Heard Mr. Arvind A. Barot, learned advocate for the applicants and Mr. Viral Vyas, learned advocate for Mr. Ashish M. Dagli, learned advocate for the respondents.
3) A perusal of the averments made in the memorandum of application indicate that the learned advocate was not in a position to remain present before the Court when the matter came to be listed on 29.2.2012, as he had met with an accident on 28.2.2012 and had sustained injuries, due to which he was not in a position to walk. Under the circumstances, it is apparent that the learned advocate was not in a position to remain present before the Court on 29.2.2012 due to unavoidable circumstances and that there was no deliberate intention not to remain present on that day.
4) Under the circumstances, the application is allowed. Second Appeal No.7 of 2011, is hereby restored to file. The application is disposed of accordingly.
5) Registry to list Second Appeal No.7 of 2011 before the concerned Court on 2nd May 2012.
(HARSHA DEVANI,J.) Vahid Top