1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1212 OF 2009 IN FIRST APPEAL NO. 2533 OF 2005 The Regional Director , ESIC & anr........Applicants versus M/s. Flomatic Engineers ........ Respondents. Mr. M.V. Jayakar i/b M/s. M.V. Jaykar & Co. adv. for the Applicants Mr. T.R. Yadav i/b.C.R. Naidu & Co. adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 13th MARCH, 2009. P.C.: 1. .By the present application a prayer is made for condonation of delay and restoration of the appeal which came to be disissed on account of non-compliance of the order dated 14-3-2006. This court while admitting the appeal directed the appellant/applicant to file private paper book within the stipulated period and failure to comply was to result in dismissal of the appeal. Thus the appeal came to be dismissed as the appellant did not file the private paper book within one year. The appeal is of the year 2005 and was not as such ready for hearing. No prejudice is caused to the respondent on account of the delay in filing paper book. As the appeal is of the year 2005, the same could not have reached up for hearing. There is hardly any 2 proper explanation for condonation of delay. Be it as it may, in the interest of justice delay is condoned. Appeal is restored to file, however subject to payment of costs of Rs. 2000/- by the appellant/applicant to the respondent. Costs to be paid in four weeks. Paper book be filed in two weeks. (A. P. DESHPANDE, J.)