1 IN THE COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4034 OF 2008 IN FIRST APPEAL (ST.)NO.15332 OF 2007 Sou.Minakshi Bharatrao Dhemare and Anr. ..Appellants V/s. Suverna Shankar Shegunshi & Ors. ..Respondents Ms.Deepa Matwankar for the Appellants/Applicants. Mr.Ashok M.Misal for the Respondents. CORAM : R.M.SAVANT, J. DATED : AUGUST 4TH, 2008. P.C. By the above Civil Application, the Applicant prays for restoration of the First Appeal which has been dismissed on account of order dated 21st November, 2007 passed in Civil Application No. 2 3889 of 2007 which was filed for condonation of delay in filing the First Appeal. The Appellants also pray that the proceedings for execution and implementation of the Award in M.A.C.P.Darkhast No.195 of 2007 be stayed. The said Civil Application was dismissed for non-prosecution on account of the fact that the learned counsel for the Appellants/Applicants had not completed the formalities of filing the affidavit of service in respect of the Respondents within the time stipulated by this Court. However, today Shri.A.M.Misal appears and states that he has filed his appearance for all the Respondents in the Civil Application. In view of the appearance filed by Shri Misal, the office objection does not survive and resultantly Civil Application can be allowed in terms of prayer clause “A” and “B”. 2. However, in so far as prayer clause “C” is concerned, this Court by order dated 11th July, 2007 3 had directed the Appellant to deposit an amount of Rs.25,000/- in this Court, upon which the stay was granted. The Appellant has accordingly deposited an amount of Rs.25,000/. However, since the dismissal of the above Civil Application No.3889 of 2007 for non-prosecution and today the Respondents have the said Darkahast proceedings resulting in the order dated 7th July, 2008 being passed by the Executing Court, by which order the movables of the Applicants/Appellants came to be attached. Considering the fact that the original Award is for a total sum of Rs,3,62,000/-, relief in terms of prayer clause “C” is granted on the condition that the Appellants/Applicants deposit a further amount of Rs.1,25,000/- in this Court within four weeks from date. 3. The Civil Application is therefore allowed in terms of prayer clauses “A”,”B” and “C”. 4 4. The Civil Application is, accordingly, disposed of. [R.M.SAVANT, J.]