1. Rule.
Ms.Zarana Pandya, learned advocate for Ms.Lilu Bhaya, learned advocate waives service of notice of Rule on behalf of the respondent.
2. In the facts and circumstances of the case and with the consent of the learned advocates appearing on behalf of the respective parties, the present application is taken up for final hearing today.
3. The present application has been preferred by the applicant herein - original appellant to restore main Second Appeal No.1 of 2007, which came to be dismissed for non-prosecution vide order dated 30/04/2012 as on that day, the matter was called out twice and on both the occasions, learned advocate appearing on behalf of the applicant has chosen to remain absent.
4. Having heard learned advocates appearing on behalf of the respective parties and on assurance given by Mr.Ashok Parekh, learned advocate appearing on behalf of the applicant that if the second appeal is restored to file and as and when the same is notified on the board for hearing, he shall make himself available for making submissions on merits, the present application is allowed and Second Appeal No.1 of 2007 is hereby ordered to be restored to file. Rule is made absolute accordingly.
[M.R.SHAH,J] *dipti Top