1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1603 OF 2008 CIVIL APPLICATION NO. 1603 OF 2008 CIVIL APPLICATION NO. 1603 OF 2008 IN IN IN FIRST APPEAL NO. 435 OF 2002 FIRST APPEAL NO. 435 OF 2002 FIRST APPEAL NO. 435 OF 2002 IN IN IN L.C.SUIT NO. 6485 OF 1988 L.C.SUIT NO. 6485 OF 1988 L.C.SUIT NO. 6485 OF 1988 Bindu Champaklal Zaveri .. Appellant V/s. Municipal Corporation of Greater Bombay. .. Respondents Mr.J.Rais i/b.Anil A.Desai for the Appellant. Mr.J.J.Xavier for B.M.C. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. CORAM : S.S.SHINDE, J. DATE : APRIL, 30TH 2008. DATE : APRIL, 30TH 2008. DATE : APRIL, 30TH 2008. P.C. P.C. P.C. . Rule. Heard forthwith. 2. This application is filed by the Appellant for restoration of appeal by setting aside the order passed by the Additional Registrar on 29th August, 2002 and on 21st July, 2003. 3. The Additional Registrar has passed this order in 2 the year 2002 and 2003. The present Applicants have filed this application for restoration in the month of March, 2008. By order dated 29th August, 2002, Additional Registrar directed the Appellant to pay printing charges within three weeks and made it clear that in case of failure registration of First Appeal Stamp will stand refused. Since there was no compliance of order dated 29th August, 2002, the appeal was dismissed in default. 4. After going through the contents of the application I am inclined to entertain the prayer of restoration of appeal, subject to Appellant paying costs of Rs.10,000/- (Rs.Ten Thousand only), the Civil Application is allowed in terms of prayer clauses (a), (b) and (c) subject to depositing Rs. 10,000/- (Rs.Ten Thousand only) towards costs by the Appellant in the registry of this Court. It is made clear that unless costs is deposited, the Appeal will not be restored to its original file. On depositing Rs.10,000/- (Rs.Ten Thousand Only) by the Appellant, same should be credited to the Maharashtra Legal aid Services Authority. The application is disposed of. (S.S.SHINDE,J.) (S.S.SHINDE,J.) (S.S.SHINDE,J.) 3