-1- bpk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1618 OF 2009 IN FIRST APPEAL NO. 2004 OF 2006 Employees State Insurance Corporation & anr:Appellant v/s M/s. Girison (Colaba) : Respondents Mr. M.V. Jayakar i/b M/s. M.V. Jayakar & Co.Advocate for Appellant Mr. T.R. Yadav i/b C.R. Naidu and co. Advocate for Respondent Coram : Smt. R.P. Sondurbaldota, J. Date : 9.4.2009 P.C. . This application is filed for restoration of first appeal which was dismissed for default for non compliance with the order dt. 5.3.2007. In the said order the applicant was directed to file private paper book within the period of one year i.e. on or before 5.3.2008. The order was a self operative order under which if the private paper book were not to be filed within the time granted the appeal was to stand dismissed. The applicant failed to file the private paper book within the time granted. The reason given therefor, at para 2 of the application is exigencies of work and non-availability of the required documents. Mr. Jayakar learned counsel for the applicant submits the reason for delay in preparation -2- of paper book was that after the order was passed the records and proceedings had come to the High Court and as such it was not available for the Trial Court lawyer to obtain copies of documents. The present application is taken out on 25.3.2009 i.e.after more than one year from the date of expiry of the time granted to the appellant. In my opinion the applicant should be given a chance to have the first appeal heard on merits. Therefore I am inclined to allow the application. However the respondent is required to be compensated with costs for the delay in filing the application. Mr. Jayakar states that the paper book is today ready for filing in the court. Hence the order. . Civil application is allowed in terms of prayer cls. (a) to (d). Applicant to pay cost of the application quantified at Rs. 1,000/- to the respondent within period of two weeks from today. The applicant to file paper book in the office. (Smt. R.P. Sondurbaldota, J)