1 17 caf.1003.05 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1003 OF 2005 IN FIRST APPEAL NO. 86 OF 2000 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. M.V.Sawant for the Applicants. Mr. A.Q.Ansari for the Respondents. CORAM : A.S.OKA, J. DATE : 18 th April, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The application is for restoration is opposed by the learned counsel appearing for the Respondents. 3 The appeal preferred by the Applicants, which was admitted for final hearing has been dismissed in view of the conditional order dated 8 th February, 2002 as the Applicants could not file paper books and decree form. For such default, the Applicants cannot be penalized. A prayer is also made for restoration of the interim order granted in the appeal. Considering the lapse of time, the Applicants will have to be permitted to take out a fresh application for 2 17 caf.1003.05 grant of interim relief as the Respondents will have to be heard before restoring the interim relief. 4 Accordingly, the application is allowed in terms of prayer clauses (a) and (b) subject to condition that compliance with the conditional order dated 8 th February, 2002 shall be made within a period of eight weeks from today. If compliance is not made within the stipulated time, the order of dismissal will stand. 5 Prayer clause (d) is not granted with liberty to the Applicants to take out a separate application for restoration/grant of interim relief. [ A.S.OKA, J ]