-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.7405 OF 2007 NO.7405 OF 2007 NO.7405 OF 2007 Shri Dattatray P. Nagatilak and anr. ...Petitioners v/s Suvarna Sahakari Bank and ors. ...Respondents Mr P.D. Garge for Petitioners. Mr R.V. Govilkar for Respondent No.1. CORAM : D.K. DESHMUKH J. DATE : 16TH FEBRUARY 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. 2. The grievance of the petitioners in this petition is against the rejection of their application for restoration of application filed by them for condonation of delay in filing appeal before the Co-operative Appellate Court. The Appellate Court has declined to restore the application without giving any ground. In my opinion, considering that because of inability of the lawyer to appear, the application for condonation of delay was dismissed. By imposing some costs, the application should have been restored so that the application for condonation of delay in filing appeal could have been heard on merits. On 18th January 2008, on behalf of the petitioners - appellants, a statement was made that they are willing to pay Rs.5,000/- as costs for restoration of the application for condonation of delay. After having heard learned counsel for both the sides, in my opinion, following order would meet the ends of justice. 3. The application filed by the petitioners for -3- condonation of delay in filing appeal is restored to the file of the Co-operative Appellate Court subject to pay of Rs.5,000/- as costs of this petition to the respondents. The amount of costs is already deposited by the petitioners in this Court pursuant to the order dated 18th January 2008. The respondents shall be permitted to withdraw that amount. Petition is disposed off. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.)