1 51-65sast23458-ors ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION SECOND APPEAL ST. NO. 23458 OF 1994 WITH SECOND APPEAL ST. NO. 23446 OF 1994 SECOND APPEAL ST. NO. 23494 OF 1994 SECOND APPEAL ST. NO. 23424 OF 1994 SECOND APPEAL ST. NO. 23426 OF 1994 SECOND APPEAL ST. NO. 23472 OF 1994 SECOND APPEAL ST. NO. 23418 OF 1994 SECOND APPEAL ST. NO. 23460 OF 1994 SECOND APPEAL ST. NO. 23464 OF 1994 SECOND APPEAL ST. NO. 23470 OF 1994 SECOND APPEAL ST. NO. 23482 OF 1994 SECOND APPEAL ST. NO. 23434 OF 1994 SECOND APPEAL ST. NO. 23486 OF 1994 SECOND APPEAL ST. NO. 23488 OF 1994 AND SECOND APPEAL ST. NO. 23438 OF 1994 M/s. Jawahar Engineers Pvt.Ltd. ....Appellant. Vs. Bank of India. ....Respondent. None for Appellant. CORAM:- GIRISH GODBOLE, J DATED:- OCTOBER 3, 2011 P.C. 1. By separate order passed in Civil Application Nos. 1308 to 1322/2011, I have restored the Second Appeals by passing 2 51-65sast23458-ors following order :- "1. These Civil Applications have been filed in the year 1996 for restoration of the Second Appeals which were dismissed for non removal of office objections. The Suits for recovery of money filed by the Respondent Bank against the Appellant and other Defendants had been dismissed by the Trial Court. That the Appeal filed by Respondent Bank has been decreed against the Defendant No.1 through Legal Representatives but the same has been dismissed against the Defendant No.2 who is the present Appellant. Present Appeal is restricted to refusal to award compensatory costs. 2. Considering the nature of controversy and the nature of objections without issuing notice to the Respondents, Civil Applications are allowed. Second Appeals are restored. Officer to number the Second Appeals.” 2. Compensatory costs are always in the discretion of the Court hearing the Suit and refusal to award compensatory costs despite the dismissal of the Suit against the Appellants cannot raise any question of law. Since no question of law arises, all the Second Appeals are dismissed. (G.S.GODBOLE, J)