1 caf2425 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2425 OF 2009 IN FIRST APPEAL NO.1755 OF 2006 Interads Advertising Pvt.Ltd. ...Applicant vs. Gujrat Savings Unit Pvt.Ltd. ...Respondent Mr.S.A.Oak i/b M/s.Mahesh Menon & Co.for the applicant Mr.Jayantilal Doshi the representative of the respondent in person appears CORAM : A.S.OKA,J. DATE : FEBRUARY 25,2011 P.C.: 1 Heard learned counsel for the applicant and Shri Jayantilal R. Doshi, the representative of the respondent. The prayer in this application is for restoration of the appeal which was dismissed on the ground that the paper book could not be filed within the stipulated period. The representative of the respondent has opposed the application by contending that the decretal amount has not been deposited by the applicant- appellant. The deposit of the decretal amount has nothing to do with the restoration of the appeal. The appeal is dismissed on the ground that the Advocate for the applicant-appellant could not file the paper book within the stipulated time. Even if the Advocate for a litigant commits default, the litigant cannot be allowed to suffer and hence the appeal will have to be restored. Considering the delay involved, the applicant will have to pay costs to the respondent. The amount of costs is quantified at Rs.5000/-. 2 caf2425 2 The application is allowed subject to condition that the paper book will be filed within a period of two months from today failing which the order of dismissal of the appeal will stand. The applicant will pay costs of Rs.5000/- to the respondent within a period of four weeks from today. 3 If the case of the respondent is that the entire decretal amount has not been deposited by the applicant, it will be open for the respondent to apply for vacating the interim relief, if any. JUDGE