: 1 : 5145-11-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5145 OF 2011 IN FIRST APPEAL (ST) NO. 11108 OF 2011 IN R.C. NO. 1983 OF 2011 Shri Ashokkumar Matafern Singh .. Applicant v/s. Ramkishan Yadav .. Respondent ......... Mr. Ravinidra V. Sankpal for the applicant Mr. U.D. Bhatt for respondent ......... CORAM : A.V. NIRGUDE, J DATE : 12th DECEMBER,2011. P.C. : 1. This application seeks restoration of First Appeal (St.) No.11108 of 2011, which was dismissed for default on 14th July, 2011. The appellant was directed to deposit certain amount in the trial Court and file affidavit of compliance by 14th July, 2011. Although the appellant deposited the amount in the lower Court within time, he did not file affidavit of compliance in time in this Court. Due to which the appeal was dismissed. : 2 : 5145-11-caf=.sxw 2. This application for restoration ought to have been made soon after the dismissal, but in the meantime certain events took place in the trial Court due to which the present application is made on 7th December, 2011. 3. After the appeal was dismissed, the respondent claimant went to the trial Court for withdrawal of the amount deposited in the trial Court saying that the appeal was not pending. The appellant’s Counsel appearing in the trial Court apparently made a false statement that the appeal was still pending. He made several allegations against the respondent claimant that he had produced forged orders of the Court etc. Due to this controversy, the learned Judge of the trial Court avoided to pay the amount deposited in the Court to the claimant, though he was entitled to the same. Having regard to this and the fact that the appellant had in fact deposited the award amount within time, I am inclined to allow the application for restoration, but for the delay and particularly the statement made in the lower Court, the appellant should be put to certain terms. However, instead of directing the appellant to pay certain costs to the respondent, I am inclined to allow the respondent to withdraw Rs.1,00,000/- from the amount deposited by the appellant in the lower Court. The application is : 3 : 5145-11-caf=.sxw allowed. The appeal is restored. The respondent is allowed to withdraw Rs.1,00,000/- from the amount deposited by the appellant in the lower Court. R & P be called for. Appeal is likely to be decided finally at admission stage. 4. For the reasons mentioned int he application, delay of 72 days in filing of the first appeal is condoned. The appeal be registered. By consent of the parties, the appeal shall be heard finally at admission stage. Issue notice returnable on 23rd January, 2012. 5. Parties to act on authenticated copy of this order. (A.V. NIRGUDE, J.)