1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 6058 OF 2008 IN FIRST APPEAL St.NO. 25877 OF 2006 Krishnarao @ Krushna Shanrao Hanpude & anr........Applicants versus Prakash Bimrao Hanpude ........ Respondent. Mr. S.C. Daswadikar i/b.Uday Warunjikar adv. for the Applicants Mr. P.G.Sarda adv. for the respondent CORAM: A. P. DESHPANDE, J. DATED : 31st MARCH, 2009. P.C.: 1. By the present application, the applicant/appellant is seeking restoration of the appeal which came to be dismissed on account of non compliance of the order dated 2nd March 2007. Despite the requirement of section 30 of the Workmen's Compensation Act, the appeal was filed without depositing the amount by moving an application for dispensing with the said requirement. This court rejected the said application, however, granted ten week's time for applicant to comply with the statutory requirement. On account of failure to deposit the amount the appeal has been dismissed and its restoration is sought by the present application. For the reasons stated in the application, the applicant has submitted that he could not deposit the amount in time. He further submitted that in case the appeal is not 2 restored, the appellant will be put to suffer undue hardship and inconvenience besides irreparable loss. The learned counsel for the respondent opposed the application and submits that in the event, the application is to be allowed, the same should be subject to payment of costs. In the result, the application is allowed. Appeal is restored to file subject to payment of costs of Rs.2000/- to be paid by the appellant to the respondent within a period of four weeks from today. (A. P. DESHPANDE, J.)