-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 FARAD FARAD FARAD CONTINUATION SHEET CONTINUATION SHEET CONTINUATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.5875 OF 2005 APPLICATION NO.5875 OF 2005 APPLICATION NO.5875 OF 2005 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.22704 OF 2005 APPEAL ST.NO.22704 OF 2005 APPEAL ST.NO.22704 OF 2005 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court’s Court’s or orders or directions Judge’s orders & Registrar’s orders. ............................................................. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATED: DATED: DATED: JULY 19, 2006. JULY 19, 2006. JULY 19, 2006. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and Advocate for the Respondent. Perused the Affidavit-in-reply. 2. Application is strongly opposed by the Advocate for the Respondent. In paragraph Nos.5 and 6, the Applicant has assigned reasons for delay of 910 days. Though the delay is of more than 900 days, it cannot be said that there is any negligence on the part of the Applicant. Even if delay is condoned, prejudice which will be caused to the Respondent can be compensated by ordering payment of costs. 3. Hence, Rule is made absolute in terms -2- of prayer clause (a) subject to the condition of the Applicant paying costs of Rs.5,000/- to the Respondent within a period of six weeks from today. Payment of costs will be a condition precedent. Deposit of the amount of Rs.5,000/- in this court will be treated as sufficient compliance of this order. Judge. Judge. Judge.