1 caf1416­11 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 1416 OF 2011 IN FIRST APPEAL ST. NO. 9480 OF 2011 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. ..... Mr. D. S. Joshi for the applicant. Mr. A. K. Jalisatgi for respondent No.1. ..... CORAM : A.S.OKA, J. DATE : AUGUST 30, 2011. P.C.: Heard the learned counsel appearing for the applicant and the learned counsel appearing for the first respondent. The learned counsel appearing for the first respondent objected to the condonation of delay. He submits that the delay is of not 97 days but the delay is of many more days. 2. Within a period of one months from the date of the impugned Judgment and order, the 2 caf1416­11 applicant had filed review application before the learned Commissioner which was dismissed on 16th October, 2010. Thereafter, the present Appeal has been preferred in April 2011. Considering the averments made in the application, sufficient cause is made out. Hence, the delay deserves to be condoned. Considering the length of the delay and considering the fact that the review application was not maintainable, the applicant will have to pay costs quantified at Rs.5,000/­. 3. Hence, Rule is made absolutely subject to the applicant paying cost of Rs.5,000/­to the first respondent within a period of four weeks from today. Payment of costs will be a condition precedent. (A.S.OKA, J.)