1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 7215 OF 2008 IN FIRST APPEAL ST. NO. 13200 OF 2008 (M/s. Vasundhara Paper Mills Pvt. Ltd. & Anr. vs. M. Ramkrishna s/o S. Ranga Rao) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 12, 2009. Heard Shri Purohit, learned counsel for the applicant and Shri Joshi, Advocate holding for Shri Mardikar, learned counsel for the respondent. The prayer is to condone delay of 99 days in filing First Appeal. The challenge is to the money decree. It is stated that the Director of applicant No.1 Company and his son both were unwell. The ill-health is supported by affidavit and prescription given by the Doctor. Shri Joshi, Advocate is strongly opposing the prayer for condonation of delay. He points out that no certificate issued by the registered medical practitioner about his ill-held has been filed. He has also pointed out that suit was for recovery of money decree with cost amounting to about Rs.70,000/-. After hearing parties, I am satisfied that the challenge is bonafide and there are no malafides 2 in the matter. However, considering the fact that the money decree is passed, without going into the merits of the matter, delay is condoned subject to the applicant depositing the cost only as awarded with the Registry of this Court by 15th April 2009. If the costs are so paid, office to register First Appeal and place it for further consideration. It is pointed out by the applicant that the execution is already taken out and this Court has granted status quo. In the circumstances, stay of coercive recovery subject to the applicant depositing 50% of the amount claimed, with the Registry of this Court, in the meanwhile. JUDGE *GS.