1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 271 OF 2009 IN MCA ST. NO. 3928/2009 IN FA NO. 685 OF 2004 (MIDC vs. Bansi Shiva Jadhav & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 30, 2009. Heard Shri Bhoyar, Advocate holding for Shri Agnihotri, learned counsel for the appellant/ applicant, Shri Dhore, learned counsel for respondent No.1 and Shri Kankale, learned AGP for respondents No. 2 & 3. The prayer is to condone delay of 237 days for restoration of First Appeal. First Appeal No. 685 of 2004 came to be dismissed for not filing private paper book on 10.6.2008. MCA St. No. 3928/2009 is filed for its restoration. Shri Bhoyar, learned counsel states that the paper book is ready with him and can be filed immediately. He further states that the fact regarding dismissal of appeal did not come to the knowledge of the appellant or their counsel and it was learnt only when CA No. 16 of 2009 was listed before this Court for consideration on 23.1.2009. 2 Shri Dhore, learned counsel has pointed out that he had already moved an Civil Application No. 372 of 2009 for withdrawal of balance amount and he states that the said application should also be considered today. First Appeal was admitted way back in 2004 and has been dismissed for not filing private paper book. In the circumstances, though the learned counsel for the respondents are strongly opposing the prayer, in view of the affidavit filed on record by the appellant/ applicant, I do not find any malafides in the matter. Delay of 237 days in filing restoration application is condoned. The office to register MCA St. No. 3928 of 2009. Upon registration, the prayer made in MCA Stamp No. 3928 of 2009 shall stand granted and First Appeal shall stand restored. The appellant to file private paper book by 6th April 2009 after serving advance copy thereof on the learned counsel for respondents. As the application for withdrawal is rendered infructuous in view of restoration of First Appeal, hearing of First Appeal is expedited and office to list First Appeal for final hearing immediately after Summer Vacation. JUDGE 3 *GS.