PDP FARAD CONTINUATION SHEET APPELLATE SIDE Civil Application No. 1772 of 2009 In First Appeal Stamp No. 9657 of 2009 ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda Court's or Judge's orders of Coram, appearance, Court's orders or directions and Registrar's orders ------------------------------------------------------------------------------------------------------- Mr. Umesh Mankapure for applicant. Mr. S.R. Page for respondent no.1. Mrs.G.P. Mulekar, AGP for respondent no.16. CORAM: B.H.MARLAPALLE &. S.J.VAZIFDAR,JJ. June 24, 2009. P.C. Heard Mr. Mankapure the learned counsel for the applicant – defendant no.1. First Appeal under Stamp No. 9657 of 2009 has been filed but belatedly and hence this application for condonation of delay. Mr. Page appears for respondent no.1 and Mrs. Mulekar, AGP appears for respondent no. 16. As per the office note the appeal is beyond time by 74 days. It is pointed out by the respondent no.1 that the sole ground in support of the prayer for condonation of delay is the purported financial difficulties in approaching this court in time. It has been further claimed that the applicant has received more than Rs.50 lacs from the other respondents and, therefore, there is no justification in condoning the delay on the ground that the applicant did not have funds to approach this court. It is further pointed out that certified true copy of the impugned decree was received by the applicant on 26/9/2008 and the appeal has been filed on or around 18/11/2008. Thus, it is the contention of the respondent no.1 that the applicant has failed to make out the case of good and sufficient grounds to condone the delay. We have given our anxious considerations to the arguments advanced by both the parties and we are satisfied that the delay caused in filing the appeal deserves to be condoned but subject to levying exemplary costs. Hence, the application is allowed in terms of prayer clause (b) subject to the applicant paying an amount of Rs.5000/- by way of costs. The said amount to be remitted to the Maharashtra State Legal Services Authority within two weeks from today. Appeal be listed for admission on 6/7/2009. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)