1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1702 OF 2008 IN FIRST APPEAL NO.1641 of 2006 --------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court's Court's or Judge's orders or directions orders and Registrar's orders --------------------------------------------------- Mr.A.P.Paralikar and Mandira Moitra, advocate, for applicant Mr.H.G.Misar, advocate, for respondent CORAM : A.S.OKA, J. DATE : 27TH MARCH,2008 P.C. . Heard advocate for applicant and advocate for respodnent. The application is opposed by the advocate for the respondent on the ground that there is a gross unexplained delay in filing the application. 2. The First Appeal which was admitted has been 2 dismissed on the ground of non-filing of paperbook. As the dismissal is only on the ground of non-filing of paperbook, appeal deserves to be restored subject to payment of costs. 3. Hence, application is allowed in terms of prayer clauses (a) and (b) subject to certain conditions. (i) The applicant will pay costs of Rs.3,000/- to the respondent within a period of six weeks from today. (ii) The applicant will comply with order dated 28th July, 2006 within a period of three months from today. (iii) If compliance is not made with both the conditions incorporated above, the order 3 of dismissal of the appeal and application will stand. In case compliance is made, Civil Application No.1641 of 2006 shall be placed on board. (A.S.OKA, J.)