-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.7366 OF 2007 NO.7366 OF 2007 NO.7366 OF 2007 M/s Renaisance Jewellery Ltd. ...Petitioners v/s The Municipal Commissioner, Brihanmumbai Municipal Corporation and anr. ...Respondents Mr Kunal Bhanage for Petitioners. Mr Bhor for Respondents. CORAM : D.K. DESHMUKH J. DATE : 16TH FEBRUARY 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. By this petition, the petitioners challenge the order passed by the appeal Court rejecting application taken out by the petitioners for restoration of their appeal. The appeal was dismissed for default. I have heard learned counsel for both the sides. In my opinion, no fault can be found with the order of the Court which is impugned in the petition that sufficient cause has not been shown why the lawyer for the appellants remained absent when the matter was before the Court. However, in my opinion, considering that the appeal involves substantial proprietary rights of the petitioners and that the petitioners are willing to pay substantial costs to the Corporation, the appeal deserves to be restored. Therefore, in my opinion, following order would meet the ends of justice. 3. Rule in the petition is made absolute in terms of prayer clause (b) subject to the condition that within a period of two weeks from today, the petitioners pay an amount of Rs.15,000/- as and by way of costs to the Corporation. It may be pointed out that before me -3- on 18th January 2008, a statement was made on behalf of the petitioners that they are willing to pay an amount of Rs.15,000/- as costs to the Corporation. Petition is disposed off. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.)