3 1 S.B. CIVIL RESTORATION APPLICATION NO.10/2009 IN S.B.CIVIL FIRST APPEAL NO.429/2007 Date of Order :: 6th March 2009. HON'BLE MR. JUSTICE DINESH MAHESHWARI Mr.V.N.Kalla,for the petitioners. .... As per the requirements of the order dated 09.01.2009 as passed in CFA No.429/2007, the appellants-petitioners were to make payment of costs in the sum of Rs.5,000/- in the manner that half of the amount was to be paid to the contesting respondents Nos.1,2 & 3 and other half was to be deposited in the legal aid within 30 days; and in default, the appeal was to stand dismissed. Perusal of the record makes out that an amount of Rs. 2,500/- was indeed paid to the counsel for the contesting respondents on 06.02.2009, receipt whereof has been placed on the record of the first appeal. However, per mistake, the other part of the amount of costs was deposited with the Advocate's Association on 06.02.2009. On 09.02.2009, the matter was taken up by the Deputy Registrar (Judicial) who proceeded to record dismissal of the appeal for non-compliance of all the requirements of the per-emptory order dated 09.01.2009. Realising the mistake, :2: learned counsel for the appellants-petitioners proceeded to deposit the requisite amount of Rs.2,500/- in legal aid on 21.02.2009, receipt whereof has also been placed on record. Having regard to the facts and circumstances of the case and the mistake being the bonafide and inadvertent one, the delay in deposit of costs in legal aid is condoned. Substantial compliance of the requirements of the order dated 09.01.2009 having been made, the order dismissing the appeal is set aside. The restoration application stands allowed accordingly. CFA No.429/2007 shall stand restored to its number; to be proceeded further by the office. (DINESH MAHESHWARI), J. s.soni