1 caf3837.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.3837 OF 2010 IN FIRST APPEAL NO.1161 OF 1997 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.Avinash Kango i/b Ms Nisha Valani for the applicant Mr.Prabhakar Jadhav i/b Mr.V.P.Sawant for the respondents No.1 to 4 CORAM: A.S.OKA,J. DATE : OCTOBER 18,2010 P.C.: 1 Heard Advocate for the applicant and the Advocate for the respondent nos.1 to 4. Prayer in this application is for restoration of the appeal which was dismissed for non prosecution on 19th November 2009. There is delay in making the application for restoration. Though the appeal deserves to be restored, the respondent nos.1 to 4 who are the claimants will have to be compensated by ordering payment of costs. The learned counsel for the respondent 2 caf3837.sxw nos. 1 to 4 states that the Award has been executed and the compensation amount has been recovered. 2 Application is allowed in terms of the prayer clauses (a) and (b) subject condition of the applicant paying costs of Rs.5000/- to the respondent nos.1 to 4. The amount of costs to be paid within a period of four weeks from today. 3 The appeal shall be placed for final hearing in the week commencing from 24th October 2010. JUDGE