: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2102 OF 2009 IN FIRST APPEAL (ST.) NO.12565 OF 2009 Giridhar Paints (Bharat) Pvt. Ltd. .. Applicants V/s. Hardcastle & Waud Meg. Co. Ltd. .. Respondents Mr. S.K. Punder for the Applicants. Mr. Sandeep Patel for the Respondents. CORAM : SMT. NISHITA MHATRE, J. DATED : 26 TH MARCH, 2010. P.C.: 1. The Civil Application has been filed for condoning the delay of 880 days in presenting the First Appeal. The reason given in the affidavit in support of the application for condoning the delay is that the appellants became aware of the decree having been passed only when the respondents’ Advocate sent a notice with respect to the execution proceedings on 22nd January, 2009. The affiant has, however, stated that it took some time to get the necessary papers together and to file the present First Appeal. : 2 : 2. The learned Advocate for the respondents opposes the application by contending that each day’s delay has not been explained by the appellants. 3. Considering the submissions made at bar and the pleadings in the Civil Application and the averments in the affidavit in support thereof, in my opinion, the delay must be condoned, however subject to payment of costs. 4. Accordingly, the Civil Application is allowed in terms of prayer clause (a), subject to payment of costs of Rs.2,000/- to the respondents within a period of two weeks from today. 5. If the costs are paid within the stipulated time, place the First Appeal on board under caption “for admission” thereafter.