1 IN THE HIGH COUT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3646 OF 2009 IN FIRST APPEAL NO. 2885 OF 2007 D.R. Gore..... Applicant Vs. M/s. S.K.S. Fastners ....Respondents Ms. Anjali S. Ranade Adv. for the applicant Mr. Nitin B. Patil h/f. Dilip Bodake Adv. for the respondent. CORAM : R.G. KETKAR, J. DATE : 16th July, 2010. P.C. : 1. The applicant has taken out this civil application. The First Appeal was admitted on 5-12-2007. The appellant was directed to file requisite number of copies of private paper book along with decree form within one year. It was made clear that if compliance is not made within stipulated time, the appeal shall stand dismissed for want of prosecution without further reference to the Court. Since the paper book was not filed, the appeal stands dismissed in default. The learned counsel for the appellant states that the paper book is ready and she may be given time 2 to file the same. 2. On behalf of the opponents, Affidavit in reply is filed opposing the application. It is submitted that the appeal was admitted on 5-12-2007 and one year time was given for filing private paper book. There is no explanation as to why within this time the paper book could not be filed. The applicant has filed this application on 31-3-2009. Even there is no explanation about the delay between 5-12-2007 and 31-3-2009. It was therefore submitted that no sufficient cause is made out for condoning the delay as also no sufficient reason is given for not supplying paper book and the decree form. It is further submitted that the applicant is not diligent in prosecuting the appeal and therefore the application deserves to be rejected. 3. The First appeal was admitted after hearing both sides. The applicant has filed application claiming compensation under provisions of Workmen's Compensation Act, 1923. By the judgment and order dated 13-9-2007 the learned Commissioner rejected the application. It is against this decision the applicant has preferred the First Appeal. 4. Considering he controversy raised in the first appeal, and having regard to the fact that the appeal was admitted after hearing both sides 3 and having further due regard to the fact that the appeal was dismissed on the technical ground of not filing private paper book, in the interest of justice, the civil application deserves to be allowed. C.A. is allowed in terms of prayer clause (a) (b) and (c) with no order as to costs. F.A. no.2885/07 is restored to file. Appellant shall file private paper book and serve copy on the other side within two weeks from today. [R.G. KETKAR, J.]