1 12 caf.125.09 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 125 OF 2009 IN FIRST APPEAL NO. 407 OF 2009 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. S.M.Dange for the Applicant. Mr. T.J.Mendon for Respondent No.1. CORAM : A.S.OKA, J. DATE : 07 th September, 2011. P.C. . Heard the learned counsel appearing for the Applicant and the learned counsel appearing for Respondent No.1. Respondent No.2 has been duly served. 2 The delay is about 203 days. The application is opposed by the learned counsel appearing for Respondent No.1 by submitting that there is no explanation for long delay. 3 In paragraph No.2 of the application, it is stated that in the process of shifting the office of the Applicant from one place to another, record and files 2 12 caf.125.09 were misplaced. Through delay deserves to be condoned, considering the length of the delay, the Applicant will have to pay costs to Respondent No.1. 4 Accordingly, rule is made absolute in terms of prayer clause (a) subject to Applicant paying costs to Respondent No.1 quantified at Rs.5,000/- within a period of four weeks from today. Payment of costs shall be condition precedent. [ A.S.OKA, J ]