1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5267 of 2008 IN FIRST APPEAL NO. 1758 of 2006 Employees State Insurance Corporation.. Applicant versus M/s.Rameshchandra Ramniklal & Co. and Another .. Respondents ... Mr.R.M. Jaykar i/b M.V.Jaykar for the applicant. Ms.Pallavi Dedhia i/b Sanjay Udeshi for respondent no.1. Mrs.G.P. Mulekar AGP for respondent no.2. CORAM : D.G. KARNIK, J DATED : 18th December 2008 P.C.: 1. Heard. 2. This application is made by the applicant for setting aside the conditional order of dismissal 2 of the appeal for non filing of the paper book. 3. Respondent no.1 seriously contests the application and submits that sufficient reasons for non compliance of the order are not mentioned. Reasons are only vague. Besides there has been a substantial delay in filing of the application and the same also has not been explained. In my view, in such matters leniency can be shown to the applicant subject to payment of substantial costs especially when the delay is not satisfactorily explained and application is seriously contested by the contesting respondent. 4. In the circumstances, application is allowed in terms of prayer clauses (a), (b) and (c) subject to payment of costs of Rs.5,000/- as a condition precedent. Costs shall be paid within four weeks. If the costs are not paid within four weeks, civil application shall stand dismissed without further reference to the court. Time for filing paper book is extended by eight weeks. (D.G. KARNIK, J)