.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5165 OF 2008 IN FIRST APPEAL NO. 396 OF 2006 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.S.M. Gorwadkar for the applicant. Ms.S.P. Manchekar, A.G.P. for the respondent. CORAM : D.G. KARNIK, J. DATE : 8TH DECEMBER 2008 P.C. P.C. P.C. : 1. This application is for setting aside the order of dismissal of the appeal on account of non-fulfillment of the conditional order of filing of paperbook. 2. Counsel for the applicant explains why the paperbook could not be filed and also explains the delay. No affidavit in reply has been filed challenging any of the averments made in the application. 3. In the circumstances, the application is allowed in terms of prayer - 2 - (b) subject to payment of costs of Rs.500/- as a condition precedent. Costs shall be paid to the Kirtikar Law Library, High Court, Bombay within 2 weeks and a copy of the receipt be filed on record. In the event the costs are not paid within 2 weeks, the civil application shall stand dismissed without further reference to the Court. (D.G. KARNIK, J.)