1 13-caf.2307.10 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATIN NO. 2307 OF 2010 IN FIRST APPEAL NO. 1226 OF 1988 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Saeed Akhtar for the Applicant. Mr. A.R.Patil, AGP for Respondent No.1. Mr. Devitre, Senior Counsel, a/w Mr. Aditya Thakkar i/b Fedral and Rashmikant for the legal representatives of Respondent Nos.2 and for Respondent Nos. 3 & 4. CORAM : A.S.OKA, J. DATE : 19 th January, 2011. P.C. 1 Heard the learned counsel appearing for the Applicant and the learned senior counsel appearing for the contesting Respondents. The prayer is for restoration of the appeal, which was dismissed for non-prosecution on account of non compliance with the order dated 1 st April, 2002. The learned senior counsel appearing for the Respondents opposes the application on the ground that the same was moved eight years after the order dated 1 st April, 2002. 2 The appeal has been dismissed as the advocate for the Applicant failed to file paper-book in terms of the order dated 1 st April, 2002. On account of the said default, the Applicant/ Appellant cannot be allowed to suffer. Hence, a case for 2 13-caf.2307.10 restoration is made out. 3 Hence, the application is allowed in terms of prayer clauses (a), (a-1) and (b) subject to condition that the paper- book shall be filed within a period of three weeks from today. If compliance is not made within the stipulated time, the order of dismissal will stand. 4 If compliance is made within the stipulated time, appeal shall be added to the final hearing board in February, 2011. [ A.S.OKA, J ]