1 25 caf.3184.08 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3184 OF 2008 IN FIRST APPEAL NO. 901 OF 2004 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. A.S.Ramesan i/b Mr. K.K.V.Kurup for the Applicant. Mr. V.P.Sawant i/b Mr. Shah and Sanghavi for Respondent No.1. CORAM : A.S.OKA, J. DATE : 18 th April, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant. 2 The application is opposed by the learned counsel appearing for Respondent No.1. 3 By the order dated 4 th August, 2007, the appeal has been dismissed on the ground of non-compliance with the order dated 15 th December, 2006. By the said order, the Applicant was granted time to file decree forms. The decree forms were not filed within the stipulated time. 2 25 caf.3184.08 4 This Court has already held that the objection regarding non-filing of the decree forms cannot be raised by the office as it is the duty of the office to draw the decree even if the decree form is not filed. 5 The appeal has been dismissed on technical ground and therefore, a case for restoration is made out. 6 Accordingly, the application is allowed in terms of prayer clause (a) subject to condition that the private paper-book in the first appeal shall be filed by the Applicant within a period of four months from today. If paper paper- book is not filed within the stipulated time, the appeal will stand dismissed for non-prosecution without further reference to the Court. [ A.S.OKA, J ]