1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CIVIL APPLICATION NO. 48 OF 2009 IN MISCELLANEOUS CIVIL APPLICATION (ST) NO. 18760 OF 2008 IN FIRST APPEAL NO. 251 OF 1994 (Rameshwar Damduji Raipure and others .v. State of Maharashtra) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. Shri K.R. Lambat, Advocate for the applicants. Shri D.B. Yengal, AGP for the respondent. CORAM : B.P. DHARMADHIKARI, J. 27TH FEBRUARY, 2009. Heard the learned Counsel appearing on behalf of the respective parties. The prayer in civil application is to condone the delay of 646 days in filing the MCA for restoration of First Appeal No. 251 of 1994 which came to be dismissed for non filing of private paper book as per order dated 22.01.2007. The learned Counsel for the applicants states that as the client did not get the communication forwarded by him, the paper book could not be filed in time and the dismissal came to the knowledge of the client very late. Considering the fact that the First Appeal was 2 admitted, the order dated 22.01.2007 dismissing the said appeal is hereby recalled. Advocate Lambat states that now the paper book is ready and will be filed within a period of one week. Learned AGP has pointed out that the government is required to pay huge interest in such matters. The contention of the learned AGP can be considered when the entitlement of the present appellant to enhancement on merits will be considered at the time of hearing of the appeal. The appeal is, therefore, restored. The private paper book be filed by 6th March, 2009. Office to list the First Appeal for final hearing thereafter. Civil Application and MCA stand disposed of as such. JUDGE *rrg.