1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3872 OF 2008 IN FIRST APPEAL NO.98 OF 2007 The National Co-operative Housing Society Ltd. : Applicant. Versus The Maharashtra Water Supply And Sewerage Board and ors. : Respondents. Ms.Rupali V. Pawar for the Applicant. Ms.Sangita Patil h/f Mr.A.G.Damle for the Respondents. CORAM : R.M.SAVANT, J. DATED : 23rd JULY 2008 P.C. 1. By the above Civil Application, the Applicant prays for restoration of the above First Appeal which has been dismissed for non-prosecution on account of the conditional order dated 15th January 2007, passed whilst admitting the above first appeal. By the said order the Applicant/Appellant was directed to file the paper book within one year from the said date on account of non-compliance, the Appeal has been dismised for non-prosecution. 2 2. The cause shown by the Applicant/Appellant is that its earlier advocate Shri V.G.Mujumdar died on 27th May 2008 on account of which the Applicant/Appellant was unaware of the said conditional order. The Applicant/Appellant, therefore, prays for restoration of the above First Appeal. The learned counsel appearing for the Applicant/Appellant states that the paper book will be filed by the Applicant/Appellant within the time stipulated by this Court. Ms.Sangita Patil h/f Shri A.G.Damle submits to the orders of the Court. 3. For the reasons stated in the above Civil Application, the same is allowed in terms of prayer clause (a). Resultantly, the First Appeal is restored to file. The learned counsel for the Applicant/Appellant to file the paper book within eight weeks from date. In the event the said paper book is not filed within the time stipulated by this Court, the above First Appeal would stand dismissed for non-prosecution without further reference to this Court. The above Civil Application is accordingly disposed of. Ad interim relief granted on 12th February 2008 in the above First Appeal is also 3 restored. [R.M.SAVANT, J]