1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3836 OF 2010 IN FIRST APPEAL NO.1730 OF 2005 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.P.K.Hushing for the applicants. CORAM : D.B.BHOSALE, J. DATED : 6/12/2010 PC: 1. Leave to amend. Amendment to be carried out forthwith. 2. Heard Mr.Hushing, learned counsel for the applicants. None appears for the respondents, though served. I have perused the affidavit of service alongwith the acknowledgment placed on record. The affidavit of service clearly shows that the respondents are served. 3. By this civil application, the applicants have prayed for restoration of their appeal which came to be dismissed for non compliance of the order dated 24.7.2006. By that order the appellants were directed to file private paperbook within the stipulated period. Since S 2 the paperbook was not filed the appeal stood dismissed for non prosecution and hence this application. The appeal is directed against the judgment and decree of recovery of an amount of Rs.3,83,495.35 Ps. with 9% interest from the date of suit till realisation of the amount. This court while admitting the appeal on 24.7.2006 had directed the applicants to deposit entire decretal amount in the trial Court. Mr.Hushing, learned counsel for the applicants submits that the applicants have deposited the entire decretal amount as per the order passed by this court on 24.7.2006 and that amount is presently lying in fixed deposit in a Nationalised bank. Keeping that in view and considering the reasons stated in the application, it is made absolute in terms of prayer clause (a), (aa), (b) and (c). The applicants are directed to comply with the directions issued by the order dated 24.7.2006 in civil application no.4108 of 2005 on or before 23rd December, 2010. Civil application is disposed of. (D.B.BHOSALE, J.)