1 caf4484-11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 4484 OF 2011 IN FIRST APPEAL NO. 878 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mjr. Amol P. Mhatre for the applicant. Mr. K. B. Nambiar for respondent Nos. 1 and 2. Mr. Vinod Mahadik for respondent No. 4 – BMC. ..... CORAM : A.S.OKA, J. DATE : OCTOBER 18, 2011. P.C.: Not on board. Taken on board. 2. Heard the learned counsel appearing for the applicant, the learned counsel appearing for the first and second respondents and the learned counsel appearing for the fourth respondent. The Appeal was dismissed as paper book was not filed within the stipulated time. The application is opposed by the learned counsel appearing for the first and second respondents. 2 caf4484-11 3. If advocate for the applicant has not filed paper book within the stipulated time, the applicant cannot be allowed to suffer. 4. Hence, a case is made out for restoration of the Appeal. Accordingly, I pass the following order: :: O R D E R :: The order of dismissal of Appeal is set aside and the Appeal is restored subject to condition that paper book shall be filed on or before 9th November, 2011. If compliance is not made within the stipulated time, the order of dismissal of the Appeal will stand. (A.S.OKA, J.)