1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 490 OF 2010 IN FIRST APPEAL NO. 195 OF 2006 Jayant H. Desar @ Faraswani ..... Applicant/Appellant Vs. Hiranand Raghuvanshi & ors .... Respondents Mr. Machindra Deshmukh Adv. For the applicant Mr. Shashank C. Thatte Adv. For the respondent. CORAM : R.G. KETKAR, J. DATE : 16th July, 2010. P.C. : 1. This application is for recalling the order dated 22-9-2009 passed in the above appeal and for restoration of the First Appeal after condoning the delay of 94 days in filing the Civil Application. Heard Mr. Deshmukh, learned counsel for the applicant and Mr. Thatte, learned counsel for the respondents. 2. By order dated 26-4-2006 the First Appeal was admitted. Printing was dispensed with and the applicant/appellant was directed to file private paper book along with sufficient number of copies thereof within 2 a period of six months from the date of the order. It was further made clear that if the paper book is not filed within the stipulated period, the Appeal will stand dismissed for want of prosecution without further reference to the court. Office remarks dated 21-2-2007 indicate that in fact the appellant had filed paper book in the court. The subsequent endorsement however indicates that the paper book and decree forms filed but not in proper form and some copies are zerox and not readable. It is in that context the matter thereafter appeared on board and by order dated 22-9-2009, eight weeks time was given to remove office objections of private paper book and decree forms, failing which he appeal was to stand dismissed. Mr. Deshmukh states that the private paper book is ready and seeks one week time to file decree form. 3. On the other hand Mr. Thatte, learned counsel for the respondents submitted that the applicant did not remove office objections within stipulated time and in fact was given one more opportunity to remove office objections within eight weeks from 22-9-2009. The applicant has not made out any sufficient cause for condoning the delay as also for recalling the order dated 22-9-2009. 3 4. As indicated earlier, after the order dated 29-4-2006 the applicant in fact had filed private paper book within the stipulated time. However, there were objections to the effect that some of the copies in the private paper book were zerox and not legible. It is undoubtedly true that eight weeks time was granted to the applicant to remove office objections, and the applicant has not filed private paper book and the decree form within eight weeks time. However, considering the fact that the First Appeal was already admitted and having due regard to the fact that the private paper book was initially filed within six months time and having further due regard to the fact that some of the copies were not legible, in my opinion, since the the learned counsel for the applicant is now ready and willing to file fresh paper book along with decree form within one week from today, the appeal requires to be restored for deciding the same on merit rather than dismissing the same on technical ground. In view of this Civil Application is allowed in terms of prayer clauses (a) and (b) with no order as to costs. 5. First Appeal is restored to file and the applicant shall file private paper book and decree forms within two weeks from today. [R.G. KETKAR, J.]