1 13 caf.169.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 169 OF 2011 IN FIRST APPEAL NO. 187 OF 1998 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Vinod Mahadik for the Applicants. Mrs. Suman Jain for the Respondents. CORAM : A.S.OKA, J. DATE : 29 th June, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The appeal preferred by the Applicants was dismissed on account of non-compliance with the conditional order dated 14 th February, 2002 which required the Applicants to file paper-book. The learned counsel appearing for the Respondents pointed out that the letter dated 25 th March, 2008 sent by the Advocate for the Respondents to the Applicants specifically records that the appeal has been dismissed for non-prosecution. He stated that notwithstanding the receipt of the said letter, a stand is taken that the Applicants were not aware about the dismissal of the appeal till the year 2009. 2 13 caf.169.11 3 The only ground on which the appeal is dismissed is that the Applicants could not file paper-book. In view of the difficulties set out in the application, the appeal will have to be restored. However, considering the length of delay, the Applicants will have to pay costs to the Respondent quantified at Rs.10,000/-. 4 Accordingly, the application is allowed in terms of prayer clauses (a) and (b) subject to condition that the compliance with the conditional order dated 14 th February, 2002 shall be made within a period of six weeks from today. If compliance is not made within the stipulated time, the order of dismissal of the appeal will stand. 5 The Applicants shall pay costs quantified at Rs. 10,000/- to the Respondent within a period of six weeks from today. Payment of costs will be a condition precedent. 6 It is made clear that ad-interim/interim relief which was operating in the appeal is not restored with liberty to the Applicants to take out a fresh application for interim relief. [ A.S.OKA, J ]