1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.540 OF 2009 Bhaskar Antayya Shetty & Ors. ..... Appellants vs. Shri Kanji Ramji Jethwa ..... Respondent Mr. D.H. Mehta for R.D. Suvarna for appellants. Mr.Vishal Ghosalkar, Advocate for respondent. CORAM : SMT.R.P.SONDURBALDOTA, J. DATED : 9th October, 2009. PC : 1. Rule. Rule returnable forthwith. Heard learned counsel for the parties. 2. The appellants who are original plaintiffs challenge by the present appeal, order dated 16th February 2006 passed by the Bombay City Civil Court, dismissing their Notice of Motion for restoration of the suit. Mr.Mehta, the learned counsel for the appellants submits that the suit filed in the year 2001 was ready for final hearing as issues therein were already framed. He, therefore, requests that an opportunity be granted to the appellants to have their case considered on merits instead of dismissal of the suit in this manner. Mr.Ghosalkar, the learned counsel for the respondent 2 on the other hand points out that the appellants have been thoroughly negligent in attending to the matter. The Notice of Motion taken out by them for restoration of the suit was dismissed for default at one point of time and the appellants had to take out another Notice of Motion for restoration of that Notice of Motion. 3. Even if the manner in which the appellants have prosecuted the proceedings leaves much to be desired, this Court is inclined to allow restoration of the suit as it is always desirable that the legal proceedings are heard and disposed of on merits. The respondent, at the same time, is entitled to be compensated by way of costs. The appeal is allowed. The impugned order is set aside. The Notice of Motion No.4860 of 2005 is allowed in terms of prayer clause (b). The appellants are directed to pay costs quantified at Rs.10,000/- to the respondent within a period of two weeks from today. In the event, the appellants fail to pay the costs within the stipulated time, the appeal shall stand dismissed without further reference to the Court. (Smt.R.P.SondurBaldota, J.)