1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.623/2009 IN FIRST APPEAL NO.2838/2006. The Municipal Corporation of Greater Mumbai and another. ..Applicants -VERSUS- Maganlal Popatlal Charity and Sarvodaya Hospital Trust. ..Respondent ......... Mr.J.J.Xavier, Advocate i/b R.A.Malandkar, Advocate for the applicants. Mr.P.M.Desai, Advocate i/b M/s Bilwala and Company for the respondent. .......... CORAM : A.P.DESHPANDE, J. DATED : 24TH FEBRUARY, 2009. P.C. : 1. By the present application, the applicant/appellant Municipal Corporation of Greater Mumbai is seeking restoration of the appeal which came to be dismissed on account of non-compliance of the direction contained in order dated 31.01.2007. By the said order the appellant was directed to furnish the private paper book 2 within a period of one year, however, the same has not been done which resulted in dismissal of the appeal. 2. There is some delay in filing the present application, hence, the prayer for condonation of delay is also made. 3. The learned counsel for the respondent opposed this application and contended that there is delay of one year in filing the present application and hence submits that in case the application is allowed the cost be awarded. 4. In the result, for the reasons stated in the application, the application is allowed. The delay in filing the present application is condoned and the appeal is restored to file subject to condition of payment of costs of Rs.1,000/- by the appellants to the respondent. The paper book shall be filed within a period of two weeks from today. The application allowed and disposed of. JUDGE