1 27 caf.3452.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3452 OF 2011 IN FIRST APPEAL (stamp) NO. 2759 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Devendranath S. Joshi for the Applicant. Mr. T.J.Mendon for the Respondents. CORAM : A.S.OKA, J. DATE : 07 th September, 2011. P.C. . Heard the learned counsel appearing for the Applicant. 2 The application is opposed by the learned counsel appearing for the original claimants. 3 There is a delay on the part of the Applicant in deposit of the Court fee. Though a case is made out for restoration of the appeal as the deficit Court fee has been paid, the Applicant will have to pay costs to the original claimants quantified at Rs.10,000/-. 4 Hence, the application is disposed of by passing 2 27 caf.3452.11 the following order: i. The application is allowed in terms of prayer clauses (a) and (b) subject to condition of the Applicant paying costs of Rs.10,000/- to the original claimants within a period of four weeks from today ; ii. Payment of costs shall be condition precedent ; and iii. For a period of six weeks from today, ad-interim relief granted on 22 nd August, 2011 will continue to operate. In the meanwhile, the Advocate for the Applicant to serve private notice to all the unserved Respondents in the Civil Application No.431 of 2011. [ A.S.OKA, J ]