1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.213/2009 IN SECOND APPEAL NO.183/1999 Mohammad Javed Hayachand Desai. ..Applicant -VERSUS- Mahaboob Pasha Mahamad Desai and others. ..Respondents ......... Mr.D.S.Sawant, Advocate for the applicant. Mr.Amit Shete, Advocate i/b Mr.Amit Borkar, Advocate for the respondent No.1. .......... CORAM : A.P.DESHPANDE, J. DATED : 02nd MARCH, 2009. P.C. : 1. By this application, the applicant/appellant is seeking condonation of delay in filing the present application and restoration of the appeal which came to be dismissed for non removal of the office objection and non compliance of the condition stipulated in the order dated 04.05.2000. It is stated in the application that the appeal was admitted sometime in the year 1999, however, for failure to supply the certified copy of the memo of appeal within time 2 stipulated, by order dated 04.05.2000 the appeal has been dismissed. The reason for default resulting in dismissal of the appeal has been assigned in paragraph No.10 of the application and the same is to the effect that since there was summer vacation the applicant lost sight of the matter and he was under impression that the appeal is pending for hearing and it is stated that when the bailiff of the Trial Court tried to execute the decree, the applicant rushed to the counsel and moved the present application. It is stated that, there is no deliberate and intentional lapse on the part of the applicant. However, because of the oversight, the certified copy of the memo of appeal could not be supplied within stipulated time, which resulted in dismissal of the appeal. 2. The learned counsel for the respondents opposes the application and submits that in the event the appeal is to be restored, it should be with heavy costs. 3. Having regard to totality of the facts and circumstances, the present application is allowed. The delay is condoned and the appeal is restored to file, however, the same is subject to payment of costs of Rs.5,000/- by the applicant/appellant to the respondents. The certified copy of the memo of appeal to be filed within a period of one week from today. The application allowed and disposed of. JUDGE