1201caf3305.09.odt 1/2 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAF NO. 3305 OF 2009 IN FIRST APPEAL ST. NO. 20726 OF 2009 (M/s Chandrabhaga Metal Industries & another Vs. M/s Sharda Packaging ) Office Notes, Office Memorandum of Coram appearances, Court's orders of directions & Registrar's orders. Court's or Judges Order Mr. S. P. Kshirsagar, Advocate for the appellants. Mr. Amit Khare, Advocate for the respondent. C ORAM : F. M. REIS, J. DATED : 12th January, 2010. The learned Counsel for the applicants seeks leave to amend the application as according to him the delay is of 504 days which inadvertently he has mentioned as 1 year. Leave granted. Amendment to be carried out forthwith. This is an application for condonation of delay of 504 days in filing the first appeal against ex-parte decree passed by the learned Joint Civil Judge, Senior Division, Nagpur in Special Civil Suit No. 676 of 2007. The main ground for condoning the delay is that there was no communication about the progress of the proceedings by the Counsel who was appearing for the applicants before the trial Court. The said fact has been stated on affidavit. The respondent has filed reply disputing the contention made by the applicants. On hearing the learned Counsel for the applicants and the respondent and on perusal of record it appears that 1201caf3305.09.odt 2/2 delay was caused primarily on the ground of some inaction on the part of the Counsel. Apart from that, the law is well settled that parties should not suffer on account of inaction or default committed by the Advocates. The learned Counsel for the respondent vehemently opposed the application for condonation of delay and has further submitted that in case the delay is condoned, exemplary costs are to be awarded to the respondent considering the delay in filing the present appeal. On perusal of the record, I find that though the applicants could not be considered as grossly negligent, nevertheless as they have not been diligent enough to contact their lawyer from time to time, the applicants are liable to pay exemplary costs to the respondent for condoning the delay in filing the appeal. The Court should endeavor to impart substantial justice and decide the matter on merits and it would not be appropriate to shut the door of the applicant and deprive him of a hearing on merits. In the facts and circumstances of the case, the delay of 504 days in filing the first appeal is condoned subject to payment of costs of Rs. 5,000/- (rupees five thousand only) by the applicant to the respondents within a period of three weeks. Application stands disposed of accordingly. JUDGE wwl