1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 662 OF 2008 IN APPEAL (L) NO. 95 OF 2008 IN NOTICE OF MOTION NO. 166 OF 2004 IN SUIT NO. 100 OF 2004 MAXIE J. CABRAL .. APPELLANT Vs. M/s. CHAUHAN & ASSOCIATES & ORS.. RESPONDENTS Mrs. Vidita Bhatkar with Sameer Bhatkar for appellant Mr. D. H. Mehta i/b Y. R. Shah for R-1. CORAM:SMT. RANJANA DESAI & K. K. TATED, JJ. DATE: 10/10/2008 P.C. . This notice of motion is taken out praying that delay of 390 days in lodging the appeal be condoned. 2. We have heard learned counsel for the 2 appellant. We have perused the affidavit-in-support of the motion. In paragraphs 3 and 4 of the affidavit, reasons have been given by the appellant. The tenor of the affidavit is that the appellant was not properly guided by the advocate. 3. Learned Counsel for respondents has strenuously opposed the prayer for condonation of delay. It is true that the explanation given in the affidavit is not satisfactory, however, in the interest of justice, we feel that delay should be condoned after saddling the appellant with costs. Hence the following order: . "Upon the appellant paying costs quantified at Rs.10,000/- directly to the respondent, delay in filing the appeal shall stand condoned. Payment of costs is condition precedent to the condonation of delay. Costs to be paid on or before 11/10/08. Let the appeal appear high on Board on 13/10/08 for admission. . Needless to say that, if costs are not paid, the appellant will not be heard on that day. . Motion is disposed of in the aforestated terms". JUDGE 3 JUDGE