1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6280 OF 2008 IN FIRST APPEAL STAMP NO.29859 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders. Mr.H.V.Mehta for the applicant. Mr.Anupam Surve i/b M/s.Haresh Mehta & Co. for the respondent. CORAM : D.B.BHOSALE, J. DATED : 22/10/2010 PC: 1. Heard learned counsel for the parties. 2. By this civil application the applicants have prayed for condondation of 99 days delay caused in filing the appeal. I have perused the civil application so also the reply affidavit filed by the sole respondent. It is well settled that an attempt in such matters should always be made to decide the matter on merits rather than throwing it out on technicalities. The hyper technical approach needs to be avoided in such case. Keeping this in view and considering the overall facts S 2 and circumstances of the case I am inclined to allow this application in terms of prayer clause (a). Order accordingly. The civil application is disposed of. (D.B.BHOSALE, J.)