1 caf2639 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2639 OF 2009 IN FIRST APPEAL NO.657 OF 2007 Cecelia Edward Gonsalves & Ors. ...Applicants vs. Municipal Corporation of Greater Bombay & Ors. ...Respondents Mr.Anil C. Singh i/b Mr.N.J.D Monte for the applicants Ms E.Gonsalves for respondent nos.2A and 2B Mr.Vinod Mahadik for respondent-B.M.C. CORAM : A.S.OKA,J. DATE : JANUARY 18,2011 P.C.: 1 Heard the learned counsel for the applicants and the learned counsel for the respondents. Affidavit in reply of the respondent nos.2a and 2b is taken on record. The appeal has been dismissed for non prosecution only on the ground that the paper book has not been filed by the appellants within the time stipulated by law. 2 The applicants who are the appellants cannot be penalised on the ground that their Advocate failed to file paper book. The application will have to be allowed by restoring the appeal subject to payment of costs. Accordingly, the application is allowed in terms of prayer clauses (a) and (b) subject to condition that compliance is made with the conditional order of this Court dated 5th February 2007 within a period of eight weeks from today. If compliance is not made within stipulated time, the order of dismissal of the appeal will stand. The applicants will pay costs of Rs.5,000/- to the respondent nos.2a and 2b within a period of four weeks from today. Payment of costs will be a condition precedent. JUDGE