: 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 CIVIL CIVIL APPLICATION NO.303 OF 2006 APPLICATION NO.303 OF 2006 APPLICATION NO.303 OF 2006 WITH WITH WITH CIVIL CIVIL CIVIL APPLICATION NO.302 OF 2006 APPLICATION NO.302 OF 2006 APPLICATION NO.302 OF 2006 IN IN IN LETTERS LETTERS LETTERS PATENT APPEAL NO.234 OF 2006 PATENT APPEAL NO.234 OF 2006 PATENT APPEAL NO.234 OF 2006 IN IN IN WRIT WRIT WRIT PETITION NO.401 OF 2001 PETITION NO.401 OF 2001 PETITION NO.401 OF 2001 Municipal Corporation for the city . of Kalyan and Dombivli, Thane ...Applicant V/s. R.C. Baania, Thane ...Respondent Mr.M.S. Kumthekar, Advocate, h/f. Mr.A.S. Rao for the Applicant. Mr.J.M. D’Silva, Advocate, for the Respondent. CORAM CORAM CORAM : J.N. PATEL & : J.N. PATEL & : J.N. PATEL & A.A. A.A. A.A. SAYED, JJ. SAYED, JJ. SAYED, JJ. DATE DATE DATE : 10TH JULY, 2007. : 10TH JULY, 2007. : 10TH JULY, 2007. P.C. P.C. P.C. : : : 1. Heard the learned Counsel for the parties. 2. Though the reasons given in the application for condonation of delay are far from satisfactory and the delay is of 337 days, we are inclined to condone the delay in order to give a fair opportunity to the applicant-Municipal Corporation but subject to payment of costs of Rs.5,000/- to be paid by the Assistant Municipal Commissioner who was in charge of the affairs from his own pocket. : 2 : 3. Costs to be paid to the Respondent or deposited in this Court within a period of two weeks from today. Thereafter, the Letters Patent Appeal be listed for admission. [A.A. [A.A. [A.A. SAYED, J.] SAYED, J.] SAYED, J.] [J.N. [J.N. [J.N. PATEL, J.] PATEL, J.] PATEL, J.]