1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1957 OF 2010 IN FIRST APPEAL NO.1665 OF 2009 Sunanda Kashiram Rajput ..Applicant Vs. Brihanmumbai Municipal Corporation and anr. ..Respondents ......... Mr.Dilip Bodake, for applicant. Mr.Suresh Rajeshwar, for respondent no.2. ......... CORAM: R.G.KETKAR, J. DATE : 9th JUNE, 2010. P.C. : This application is taken out for recalling the orders dated 4 th February, 2010 and 17 th March, 2010 passed by this Court and also for restoring the First Appeal No.1665 of 2009 along with Civil Application No.3691 of 2009 and Civil Application No.88 of 2010. 2] By order dated 19 th November, 2009, this Court directed the applicant herein to deposit costs of Rs.3,000/- within one week from the date of order. It is not in dispute that the costs was not deposited within the stipulated time. The applicant took out Civil Application No.88 of 2010 for recalling the order dated 19 th November, 2009 imposing costs of Rs.3,000/- On 4 th February, 2010 this Court gave two weeks’ time to the applicant for filing compilation and for payment 1957-10.sxw 2 of the costs, failing which the Appeal was to to stand dismissed. 3] Heard Mr.Bodake, learned counsel for the applicant and Mr.Suresh Rajeshwar, learned counsel for the respondent no.2. 4] Mr.Bodake states that he has served respondent no.1 – Corporation. He also states that he has already paid the amount of costs to the learned counsel appearing for the respondent no.2. Learned counsel appearing for the respondent no.2 does not dispute the statement made by Mr.Bodke. 5] In view of above, Civil Application is allowed in terms of prayer clause (a) with no order as to costs. [R.G. KETKAR, J.] 1957-10.sxw