ash 1 caf-4759,4760n4761.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO. 4759 OF 2010 IN F.IRST APPEAL NO.890 OF 2001 AND CIVIL APPLICATION NO. 4760 OF 2010 IN F.IRST APPEAL NO.891 OF 2001 AND CIVIL APPLICATION NO. 4761 OF 2010 IN F.IRST APPEAL NO.892 OF 2001 M/s. Ganesh Builders, known as Ganesh Star Builders. .. Applicants Vs Neelima Apartment Co­op.Housing Society & Ors. .. Respondents ­­ Shri G.S. Bhat for the Applicants. Ms S.T. Shaikh i/by M/s. S.K. Srivastav & Co. for the Respondents. ­­ CORAM ; A.S. OKA, J DATED : 9TH FEBRUARY, 2011 P.C. . Heard learned counsel appearing for the Applicants and the learned counsel appearing for the 1st Respondent. 2. The prayer for restoration is opposed by the learned counsel appearing for the 1st Respondent by pointing out that the delay is of 4 years and 9 months. Learned counsel submitted that there is absolutely no explanation for the said delay. ash 2 caf-4759,4760n4761.10 3. The First Appeals have been dismissed on the ground of non­filing of the paper book within the stipulated time prescribed by the conditional order of this Court. It appears that the Advocate of the Applicants did not file paper book within the stipulated time. Therefore, the Applicants cannot be allowed to suffer. It is true that the 1st Respondent will suffer prejudice. The 1st Respondent can be compensated by awarding heavy costs quantified at Rs.7,500/­. 4. Hence, the Applications are allowed in terms of prayer clauses (a) to (c) subject to the following conditions:­ (i) Compliance shall be made with the conditional order dated 2nd March, 2006 within a period of eight weeks from today. (ii) The Applicants will pay costs of Rs.7,500/­ to the 1st Respondent in each application within a period of eight weeks from today. ( A.S. OKA, J )