1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3543 OF 2002 IN FIRST APPEAL STAMP NO. 42107 OF 2001 The State of Maharashtra ..Applicants/ Appellants versus M/s. Nav Bharat Builders ..Respondent Mrs. Geeta Mulekar – AGP for Applicant - State. None for Respondent. CORAM : S. A. BOBDE & S. J. KATHAWALLA, JJ. DATED : NOVEMBER 26, 2009. P.C. : 1. This is an application for condonation of delay of 12 years and 264 days in filing the First Appeal. 2. The present First Appeal is filed against the Judgment and Decree dated 4th July 1988 passed by the trial court in Special Civil Suit No. 540 of 1987. Along with this suit the appellants had also filed Misc. Civil Application No. 537 of 1987. Since the decision was adverse to them, they 2 filed First Appeal No. 288 of 1989 only against the Order passed by the trial court in Special Civil Suit No. 540 of 1987. They did not file any appeal against the Order in Misc. Application No. 537 of 1987. When the First Appeal No. 288 of 1989 filed by them came up for hearing, an objection was raised on behalf of the respondent that a single appeal cannot be maintained against both the aforementioned orders. This objection was raised before the Division Bench. On 17th October 2001, the Division Bench recorded the statement of the parties that the appeal before it will only be treated as an appeal under Section 39 of the Arbitration Act challenging the order of the trial court dismissing Misc. Application No. 537 of 1987 and also recorded the statement of the learned counsel for the appellants that an independent appeal as contemplated by section 17 of the Arbitration Act 1940 would be filed. Accordingly, this First Appeal is filed. 3. It appears that there is sufficient cause for filing this First Appeal after a long period. Hence, we condone the delay. Civil Application is allowed. (S. A. BOBDE, J.) (S. J. KATHAWALLA, J.)