AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.321 OF 2007 IN LETTERS PATENT APPEAL NO.69 OF 1984 Baban Mishra (since deceased) through his legal heirs - Mahendra B. Mishra & Ors. ... Applicants Vs. M/s. Sonawala Industries Pvt. Ltd. ... Respondent Mr. Suresh Gole for the applicants. Mr. S.V. Shetty for the respondent. CORAM : SMT. RANJANA DESAI & A.A. SAYED, JJ. DATED : 15TH APRIL, 2008. P.C.:- 1. In this application, the applicants have prayed that conditional order dated 13/6/2005 and order of the Registrar dated 28/4/2007 be set aside and the appeal be set down for hearing and final disposal. 2. On 13/6/2005, this court passed the following order : “At the request of the learned advocate one week's time granted to remove all the office objection. In case the appellant failed to remove the office objections within one week from today, the appeal shall stand dismissed AJN 2 for default without being referred to the court.” 3. The applicants did not remove the office objections. Therefore, as per order dated 13/6/2005, the appeal stood dismissed for default. It appears that thereafter, this matter appeared before the Registrar of this court. The Registrar passed the following order on 28/4/2007. “Inspite of the Court' s order dated 13.6.2005 the above office objection(s) not removed in stipulated time. Hence, this matter stand dismissed for non-prosecution. We may, therefore, send the said matter to the Decree Department.” 4. Learned counsel for the applicants submitted that in the interest of justice, order of this court dated 13/6/2005 and the Registrar's order dated 28/4/2007 be set aside. He submitted that the applicants will remove all office objections within the time granted by this court. 5. In view of the statement made by learned counsel, we feel that prayer of the applicants need to be granted. Hence, order passed by this court dated 13/6/2005 and order passed by the Registrar dated 28/4/2007 are set aside on the condition that the applicants pay costs quantified at Rs.10,000/- to the respondent. Payment of costs shall be AJN 3 condition precedent to the setting aside of the abovementioned orders. The costs be paid within a period of 15 days from today and receipt of payment be shown to the office. We direct the applicants to remove all office objections within eight weeks from today. Civil application is disposed of. [SMT. RANJANA DESAI, J.] [A.A. SAYED, J.]