IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 3465 OF 2009 IN APPEAL NO. 542 OF 2000 IN NOTICE OF MOTION NO. 3831 OF 1999 IN SUIT NO. 469 OF 1978 1. Shri.Sankalp Co-op Hsg.Soc.Ltd, Mumbai & 14 Ors. ......Appellants V/S. Time Field Corporation, Mumbai ........Respondents -------- Mr.K.P.Anilkumar, advocate for appellants. Mr.Mangesh A. Narvekar, advocate for respondents. CORAM : J.N.PATEL, & : SMT.R.P.SONDURBALDOTA, JJ. DATED : 29TH SEPTEMBER 2009. P.C. : 1. Heard learned counsel for the parties. 2. This Notice of Motion is taken out for seeking restoration of the appeal, which came to be dismissed by this court on 17th September, 2009. This court has specifically recorded in its order, that the appellants have not been diligent in prosecuting the matter. The learned counsel for the appellants, submits that, as his name was not shown on the board on that date, neither he nor the advocate holding on behalf him attended to the matter. 3. On the other hand, it is submitted that the appellants were well aware of the date on which the matter was listed and therefore this cannot be a good and sufficient reason for restoration of the appeal. 4. In view of the fact that the appeal is pending since the year 2000 and in order to give a fair opportunity to the appellants, we are restoring the appeal but subject to costs, which we are quantifying at Rs.5,000/-. Learned counsel for the respondent submits that the costs be deposited in the account of High Court Legal Services Authority. We therefore direct the appellants to deposit costs of Rs.5,000/- in the High Court Legal Services Authority within a period of 2 weeks from today. On such costs being deposited, the appeal to stand restored. Failure on the part of the appellants to deposit costs would result in rejection of the Motion, seeking restoration, without any further reference to the court. [J.N.PATEL, J] [ SMT.R.P.SONDURBALDOTA, J]