1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.90 of 2009 In First Appeal No.2060 of 2008 United India Insurance Co.Ltd. Applicant Vs. Capt.Premraj Girdhari Shivdasani & ors. Respondents Mrs.Urmila K. Sanil for applicant. Mr.V.V.Khemka i/b. S.R.Rawal & Co. for respondents. CORAM: B.H.MARLAPALLE & D.G.KARNIK,JJ. January 13, 2009. P.C. 1. Heard Mrs.Sanil, the learned counsel for the applicant - Insurance Company. Mr.Khemka appears for the respondents-claimants. 2. In First Appeal No.2060 of 2008 an order came to be passed by this Court on 19/11/2008 directing the applicant - Company to deposit the decretal amount with interest with the Registry of this Court within two weeks. When the appeal came up for hearing on 5/12/2008 it was again noticed that the order dated 19/11/2008 was not implemented and, therefore, the 2 Insurance Company was given one more week’s time to deposit the amount and failing which it was made clear that the appeal would stand dismissed for non-compliance of the order of deposit. Admittedly even the order dated 5/12/2008 was not obeyed and consequently First Appeal No.2060 of 2008 came to be dismissed on account of the conditional order. Hence this application for restoration. 3. Though we are not satisfied with the reasons set out for non-compliance of the orders passed by this Court regarding the deposit, we have noted that on 6/1/2008 the applicant-company has deposited cheque bearing No.113392 drawn on the HSBC Bank Ltd. for a sum of Rs.21,84,927/- and, therefore, we are inclined to allow this application but by levying exemplary costs. 4. Hence the application is allowed in terms of prayer clause (a) subject to the applicant - company paying an amount of Rs.5000/- (Rupees five thousand) to the claimants through their Advocate and by a crossed cheque drawn in the name of claimant no.1 within a period of two weeks from today. 3 5. Appeal be listed for admission on 29th January 2009. (D.G.KARNIK,J.) (B.H.MARLAPALLE,J.)