1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 130 OF 2009 IN MCA ST. 14383/2008 IN SA 394/2005 (Kasturchand Harigopal Jaiswal vs. M/s. Bajaj Chemical Industries) 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. FEBRUARY 10, 2009. Heard Shri Bhandarkar, learned counsel for the applicant/ appellant and Shri Mehta, learned counsel for the respondent/ non-applicant. The appellant in Second Appeal No. 394 of 2005 has filed both these applications. By first application, the prayer is to condone delay of 151 days in filing MCA. The MCA is for restoration of Second Appeal No. 394 of 2005 which has been dismissed in default i.e. for not filing private paper book. Shri Bhandarkar, learned counsel states that the paper book was in fact filed on 7.12.2007 and this could not be pointed out to the Court on 18.1.2008 when the matter was listed. He states that in these circumstances, the said order dated 18.1.2008 which imposed cost of Rs.200/- and directed the appellant to supply private paper book 2 by 14.3.2008 was not necessary and hence dismissal of appeal on 18.1.2008 was not proper. Shri Mehta, learned counsel strongly opposes the prayer for restoration and condonation of delay. He states that position could have been explained to the Court on 18.1.2008 itself and appropriate steps/ precautions have not been taken, therefore, the entire unnecessary exercise is required to be undertaken. Considering the situation, I find that as the paper book is already filed on 7.12.2007, the fact could have been brought to this Court on 18.1.2008 or in any case before 14.3.2008. In the circumstances, as the Second Appeal was already admitted on substantial question of law, I am inclined to condone delay and to order restoration but the same is subject to the appellant paying the cost of Rs.500/- to the Legal Services Sub- Committee, High Court, Nagpur, by 27th February 2009. If the costs are so paid, the prayers made in the Civil Application as also MCA shall stand granted and Registry shall proceed further with Second Appeal No. 394 of 2005. JUDGE *GS.