1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application No. 7633 of 2007 Vilas Ganpatrao Gathe Vs. Dattatraya Rambhau Uplanchiwar Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri R. S. Sundaram Adv. for appellant. Shri.A.C.Dharmadhikari Adv. for respondents. CORAM: C. L. PANGARKAR J. Dated: 9 th April, 2008. Heard counsel for the appellant and the respondents. This application has been filed for restoration of the appeal which came to be dismissed for non filing of the paper book within time stipulated by the Court. This Court by order dated 16.10.06 directed the 2 appellant to file Paper Book within a period of 8 weeks. It was further directed that if the same is not filed within the time stipulated the matter will stand dismissed without further reference to the Court. The appellant contents that he tendered the paper book in the Court on 08.01.07 and that was also accepted. It appears from the record of these proceedings that the office actually passed an order w.e.f. 11.01.07 on 10.09.07, apparently therefore the proceedings were kept as they were till 09.10.07 and the proceedings were not closed. The appellant submits that he came to know of the dismissal of the appeal on 17.09.07. Shri Dharmadhikari the learned counsel for the respondents submits that the 3 appellant was very casual in prosecuting the appeal and as such delay should not be condoned and the appeal should not be restored to file. He submits that the appellant has obtained an order of stay and therefore it was still more essential for the appellant to be more careful in prosecuting the appeal. There may not be two opinion with regard to the fact that appellant has to be or for that matter every party has to be diligent in prosecuting the appeal but then many a times the Court has to look into the conduct as to whether the act of the appellant was deliberate or not. It does not appear from the record that the non filing of the appeal was deliberate act on the part of the appellant. The appeal in fact should be dismissed on 11.02.06 and the paper book was submitted on 08.01.07. in view of this it appears to me that there was no 4 much of delay in presenting the paper book in the Court. In view of this the delay in filing the application for restoration stands stands condoned and the appeal stands restored to file but subject to costs of Rs.500/- to be deposited in High Court Legal Aid Service Sub Committee Nagpur. JUDGE svk