... 1 ... IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL APPLICATION NO.3728 OF 2001 IN FIRST APPEAL (ST) NO.43800 OF 1998 ........................................................... OFFICE NOTES, OFFICE MEMORANDUM OF CORAM, APPEARANCES, COURT’S COURT’S OR JUDGES ORDERS OR DIRECTIONS ORDERS AND REGISTRAR’S ORDERS ........................................................... CORAM CORAM CORAM : A. S. OKA, J. : A. S. OKA, J. : A. S. OKA, J. DATE DATE DATE : JUNE 08, 2006. : JUNE 08, 2006. : JUNE 08, 2006. P.C.: P.C.: P.C.: 1. Heard the Advocates appearing for the parties. The Application is strongly opposed by the Advocate appearing for the Respondent- original claimant. He pointed out that there is no explanation for delay which is almost of five years. Though notice is served to the Respondent more than four years back, no reply has been filed. Perusal of the averments made in paragraphs 2 and 3 show that there is a sufficient cause for condonation of delay. However, the Respondent will have to be compensated by ordering payment of costs. 2. Rule is accordingly made absolute in terms of prayer clause (a) subject to condition that the Applicant will pay costs ... 2 ... of Rs.1,000/- to the Respondent within period of eight weeks from today. Deposit of costs in this Court within the stipulated time will be treated as sufficient compliance with this order. JUDGE JUDGE JUDGE