1 921cao198.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, AT NAGPUR . CIVIL APPLICATION (CAO) NO. 198 OF 2025 IN MISC. CIVIL APPLICATION NO. 2524 OF 2025 IN FIRST APPEAL NO 638 OF 2008 Vedant Papercraft Pvt. Ltd. Vs Employees State Insurance Corporation - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Ms Shikha Vastani, counsel h/f Mr. U.A. Gosavi, counsel for applicant / appellant. Mr. V.P. Maldhure, counsel for respondent. CORAM : Y. G. KHOBRAGADE, J. DATED : 01-09-2026 1. Heard learned counsel appearing for the respective parties. 2. By the present applications, applicant putforth the prayer clause (1) in Civil Application (CAF) No. 198 of 2025. The applicant seeks condonation of delay of 1619 days in filing the restoration of the First Appeal, which came to be dismissed for want of prosecution on account of non-filling of private paper-book. The applicant also seeks restoration of First Appeal to its original stage. 3. It is a matter of record that, on 29/04/2009, this Court had framed two substantial questions of law. Thereafter, on 09/08/2018, this Court passed the following order :- 2 921cao198.2025.odt None for the appellant. Today the matter is placed for orders regarding filing of the private paper book and payment of the costs. The record shows that firstly, on 17.7.2013, ten weeks time was granted to the appellant for furnishing the paper book. It was not filed. Then on 22.11.2013, further twelve weeks time was granted. Still the same was not filed. Then on 08.7.2014, further six weeks time was granted by was of last chance. In spite of that, the paper book was not filed. Then on 28.8.2014, twelve months time was granted to the appellant to file the paper book, failing which the appellant was directed to pay the costs of Rs.500/- to the High Court Legal Services Sub Committee, Nagpur. Neither the paper book was filed nor the costs were paid. Still on 29.8.2016, two weeks time was granted again as a last chance. In spite of that, the orders were not complied with. Then, on 22.1.2018, further twelve weeks time was granted. Even this time, the paper book is not filed nor the costs are paid. Today, in the morning session, when the matter was called out, the appellant and his counsel were absent. Therefore, the matter was kept in the afternoon session. In the afternoon sessions also when the matter was called out, the appellant and his counsel are absent. There is no request of any sort from the appellant for adjournment. The chronology of the events as mentioned hereinabove shows that the appellant is not interested in prosecuting this appeal. Hence, the appeal is dismissed for want of prosecution. 4. Since the applicant/appellant did not comply with the order of this Court. Hence, first appeal came to be dismissed for want of prosecution for non-filing of private paper-book within stipulated period. The applicant has 3 921cao198.2025.odt placed on record a notice dated 17/12/2024 issued to respondent/Employees’ State Insurance Corporation, seeking recovery of an amount of Rs.5,40,875/-, after dismissal of the appeal. 5. It is settled principle of law that, a litigant should not suffer to receive any substantial justice on the technical ground. 6. Learned counsel appearing for the respondent strongly opposed the applications on the ground that, though the applicant was granted several opportunities to comply with orders of this Court, but not file private paper-book. Therefore, delay caused in the application is not justifiable. 7. However, the facts brought on record appears that, the applicant was conducting the matter through his counsel, and due to communication gap, he could not take care to file private paper-book within stipulated period. Therefore, considering the delay caused involving in the appeal, it would be just and proper to give one more opportunities to the appellant to file private paper-book within period of ten weeks from today. At the same time, 4 921cao198.2025.odt the repeated failure on the part of the applicant to comply with the orders of this Court cannot be overlooked. 8. However, due to inaction on the part of applicant, the Registry of this Court suffers. Therefore, it will be just and proper to allow present applications, subject to costs of Rs. 25,000/-. 9. Accordingly, the following order is passed: (i) The delay of 1619 days in filing the application for restoration of First Appeal is condoned. (ii) The present applications are allowed, subject to the applicant depositing costs of Rs. 25,000/- in the Public Welfare Account maintained with Union Bank of India, High Court Branch, Nagpur, within a period of one week from today. (iii) The First Appeal is restored to its original stage. (iv) The applicant shall file the private paper- book within a period of ten weeks from today. (v) In the event of failure on the part of the applicant to file the private paper-book within the aforesaid period, the order dismissing the First Appeal for want of prosecution shall stand revived automatically, without there being any necessity to pass a separate order. 5 921cao198.2025.odt (vi) After private paper-book is filed, place the matter for hearing in the week commencing from 2nd week of December, 2026. 10. Both the Civil Applications stand disposed of accordingly. (Y.G. KHOBRAGADE, J.) rkn Signed by: Mr. R.K. NANDURKAR Designation: PS To Honourable Judge Date: 01/09/2026 18:35:44