1 caf4283 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.4283 OF 2011 IN FIRST APPEAL NO.1904 OF 2006 Data Alloys Ltd. ...Applicant vs. Dujodwala Paper Chemicals Ltd. ...Respondent Mr.Shabab Peerzade i/b Mr.Munir Merchant for the applicant Mr.V.J.Tamhane for the respondent CORAM : A.S.OKA,J. DATE : OCTOBER 13, 2011 P.C.: 1 Heard learned counsel for the applicant. The learned Advocate for the respondent seeks time on the ground that a copy of the application is handed over to her today. 2 The First Appeal preferred by the appellant has been dismissed only on the ground of non filing of private paper book. If the Advocate for the applicant has not filed paper book within stipulated time, the applicant cannot be allowed to suffer. However, there is a delay in filing this application. The respondent will have to be compensated by ordering the payment of costs. 3 Hence, application is allowed in terms of prayer clauses (a) and (b) subject to condition that private paper book will be filed within a period of 2 caf4283 three months from today by the applicant failing which the order of dismissal of the appeal will stand. 4 The applicant shall pay costs of Rs.5000/- to the respondent within a period of six weeks from today. Payment of costs will be a condition precedent. JUDGE