1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 800 OF 2009 IN FIRST APPEAL NO. 1194 OF 1998 The Oriental Insurance Co. Ltd.........Applicants versus Smt. Vinita Vithal Ambetkar & ors........ Respondents. Mrs. Anita A. Agarwal adv. for the Applicants Mr. Shrikant Jadhav i/b S.M. Oak adv. for the respondents CORAM: A. P. DESHPANDE, J. DATED : 6th MARCH, 2009. P.C.: 1. By the instant application, a prayer for restoration of the appeal is made. The appeal came to be dismissed on account of non-cmpliance of order dated 8-2-2002. It pertains to filing of private paper book within a stipulated period. The learned counsel for the applicant submits that despite dismissal of the appeal for non compliance of the order dated 8-2-2002 the appeal did appear on the board of the court on manay occasions thereafter. It is categorically averred that on 17-12-2008 the matter was listed before the court for condonation of delay in filing cross objection and the delay was condoned on that day. It is then stated that it was only on 17-12-2008 that the appplicant realised about the appeal having been dismissed for non 2 compliance of the order dated 8-2-2008. It is submitted that if the appeal is not restored the same would cause undue hardship to the applicant/appellant. The appeal is of the year 1998 and is due for final hearing. Having regard to the totality of the facts and circumstances and having regard to the averments made in the application the dismissal of the appeal is set aside and the appeal is restored to file. Application is thus allowed and disposed of. Appliant shall file paper book within a period of four weeks from today. (A. P. DESHPANDE, J.)