1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1981 OF 2010 IN FIRST APPEAL NO.175 OF 2003 The Oriental Insurance Company .. Applicant V/s Smt.Vimalabai Govind Tilak since deceased through her heirs 1(a) Ms.Nandini Vasantrao Gadgil & Ors. .. Respondents Mr. J.S.Chandnani for the Applicant . Mr.Manish Rai i/by Mrs.Manjula Rao for the Respondents. CORAM : R.G.KETKAR, J. DATE : 10th June, 2010 P.C. : 1. This application is for recalling of the order dated 22nd September 2009 passed in the First Appeal No.175 of 2003 and for restoring the said appeal. Heard Mr.Chandnani, learned counsel for the Applicant in support of this application and Mr.Rao, learned counsel for the Respondents. Mr.Chandnani submitted that by order dated 22nd September, 2009 the Court passed conditional order directing the applicants herein to file paper book within two weeks from the date of passing of the order, and it was recorded that if the paper book is not filed within two weeks the First Appeal would stand dismissed without further reference to the Court. It is not in dispute that 2 the applicant did not supply the paper book within the stipulated time and with the result, the appeal is dismissed as per the order dated 22nd September, 2009. 2. The learned counsel for the Respondents submits that the Respondents have already withdrawn Rs.2 lakhs on furnishing the security and the balance amount is subsequently withdrawn by them after dismissal of the appeal. Statements to that effect made by the learned counsel for the Respondents are accepted. 3. After hearing learned counsel for the parties, I am satisfied that sufficient cause is made out for condoning the delay and for restoration of the First Appeal. For the reasons set out in the Civil Application, Civil Application is allowed in terms of prayer clauses (a) and (b), with no order as to costs. 4. Applicants to supply paper book within two weeks from today. (R.G.KETKAR, J.)