1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.208/2009 IN FIRST APPEAL NO.285/2007. Dr.Ajit K. Shah. ..Applicant -VERSUS- Mr.Mohan J. Sotie and others. ..Respondents ......... Mr.Manish P. Jagani, Advocate for the applicant. Mr.D.R.Shah, Advocate for the respondents Nos.1 to 3. Mr.J.J.Xavier, Advocate for the respondent/Corporation. .......... CORAM : A.P.DESHPANDE, J. DATED : 24TH FEBRUARY, 2009. P.C. : 1. By the present application, the applicant/appellant has prayed for setting aside dismissal of the appeal which has resulted on account of non compliance of the condition stipulated in the order dated 28.02.2007 whereby the appellant was directed to file the private paper book within a period of one year from the date of the order. Failure to comply the said direction has resulted in dismissal of 2 the appeal. 2. For the reasons stated in the application, the application is allowed. The delay in filing the application is condoned. The appeal is restored to file. The paper book shall be filed within a period of four weeks from today. The application allowed and disposed of. JUDGE