1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1501 OF 2010 IN FIRST APPEAL NO.134 OF 2005 Santosh Ganpat Khopade ..Applicant Vs. Ashok Jalappa Varad and anr. ..Respondents ......... Mr.Sagar Joshi i/b.Ms.Nayana Thatte, for applicant. Ms.U.K.Sanil, for respondent no.2 (absent). ......... CORAM: R.G.KETKAR, J. DATE : 11th JUNE, 2010. P.C. : Heard Mr.Sagar Joshi, learned counsel for the applicant. Leave to add prayer. Amendment to be carried out forthwith. 2] By this application, prayer is made to extend the period stipulated in the order dated 3 rd March, 2006 for filing private paper book and also for condonation of delay in filing the application. 3] The applicant has filed First Appeal No.134 of 2005 being aggrieved and dissatisfied by the judgment and award dated 28 th April, 2004 passed by the Ex- Officio Commissioner for Workmen’s Compensation, Raigad at Alibag in WCA 1501-10.sxw 2 No.44 of 2003 thereby dismissing the application filed by the applicant. The said first appeal was admitted on 3 rd March, 2006. While admitting the appeal, the court dispensed with the print and directed the appellant to file private paper book within six weeks from the date of order. It was further made clear that if the paper book is not filed within the stipulated period, the appeal shall stand dismissed for non prosecution. 4] Considering the controversy involved in the matter, in the interest of justice, the application deserves to be allowed. Civil Application is allowed in terms of prayer clauses (a) and (aa). Appeal stands restored. Time fixed in the order dated 12 th March, 2006 for supplying private paper book is extended till 30 th June, 2010. Applicant shall supply private paper book on or before 30 th June, 2010, failing which, the appeal shall stand dismissed without further reference to the court. [R.G. KETKAR, J.] 1501-10.sxw