1 44 caf.1520.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1520 OF 2011 IN FIRST APPEAL NO. 1622 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Avinash Belge for the Applicants. Mr. Vaibhav Patankar for Respondent Nos.1-a to 1-d. Mr. Ashutosh Gole i/b Mr.S.Kurdukar for Respondent No.2. CORAM : A.S.OKA, J. DATE : 25 th April, 2011. P.C. 1 Heard the learned counsel appearing for the Applicants, the learned counsel appearing for Respondent Nos.1a to 1d and the learned counsel appearing for Respondent No.2. 2 The appeal preferred by the Applicants has been dismissed on account of failure of the Applicants to file paper-book. The learned counsel appearing for Respondent No.2 opposes the application. He pointed out clause (2) of order dated 17 th June, 2010 passed by this Court. 3 The appeal has been dismissed on technical ground 2 44 caf.1520.11 of non-filing of paper-book. Hence, a case is made out for restoration. Even the appeal is restored, Respondent No.2 can always move this Court in terms of the liberty granted by the order dated 17 th June, 2010. 4 Hence, I pass the following order: i. The application is allowed in terms of prayer clauses (a) and (b) subject to condition that the compliance with the conditional order dated 17 th June, 2010 is made within a period of eight weeks from today. If compliance is not made within the stipulated time, the order of dismissal will stand ; ii. If compliance is made within the stipulated time, it will be open for Respondent No.2 to move to this Court in terms of the liberty granted by order dated 17 th June, 2010. [ A.S.OKA, J ]