1 spb/ IN THE HIGH COURT OF JUDICATURE AT BOMBAY C IVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 543 OF 2010 IN FIRST APPEAL (ST.) NO. 3235 OF 2010 The General Secretary, Deccan Gymkhana, Pune .. Applicants. V/s. 1. The Special Land Acquisition Officer 16 & Anr. .. Respondents. --- Mr. R.M. Pethe for the Applicants. Mrs.G.P. Mulekar, AGP for the Respondent No.1. --- CORAM : A.M. KHANWILKAR AND A. A. SAYED , JJ. DATED : 10TH JUNE, 2010. P.C. 1. Heard counsel for the parties. 2. Explanation offered by the applicants for delay of about 177 days in filing of the appeal is that the elected body of the applicant Gymkhana took some time to decide on the issue, considering the fact that the court fee to be paid would be around Rs.3/-lacs. This explanation in our view is unacceptable and in any case that is not a sufficient cause to explain the delay of almost 177 days. However, by way of indulgence, the application is allowed in terms of prayer clause - VIII-(a) on condition that the 2 applicants shall pay costs, quantified at Rs. 7,500/-, to be paid by the Respondent State in the Treasury of the State Government within four weeks from today; failing which the office to treat this application as having been dismissed for non-prosecution without further reference to the court. If cost is paid in time and acknowledgment is produced in the registry within such time, the appeal shall proceed for admission as per its turn. (A.M. KHANWILKAR, J.) ( A. A. SAYED, J.)