1 ca2505-10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO. 2505 OF 2010 IN FIRST APPEAL NO. 904 OF 2007 Premchand K. Agarwal .. Appellant/ (Org. Defendant) V/s. M/s. Shyam Gandhi Construction Co. .. Respondent (Org. Plaintiff) .... Ms. Kavita Pawar i/b. Mr. Sanjay Kshirsagar for the Appellant. Mr. Mahesh Rawool i/b. Mr. P.B.Shah for Respondent. .... CORAM : A. S. OKA, J. DATE : JANUARY 21, 2011. P.C. Not on board. Mention, taken on board. 2. The Appeal was dismissed for non prosecution as the advocate for the appellant failed to file paper book within the time provided under the order of this Court. For the default of the advocate, appellant cannot be allowed to suffer. Hence, a case for restoration is made out. Accordingly, the Civil Application is allowed in terms of prayer clauses (A), (B) and (C), subject to 2 ca2505-10 condition that compliance will be made by the appellant with order dated 24th March, 2008, within a period of four weeks from today. If compliance is not made, order of restoration will stand. JUDGE