ssm sm sm 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 CIVIL CIVIL CIVIL APPLICATION NO.5425 OF 2007 APPLICATION NO.5425 OF 2007 APPLICATION NO.5425 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL (STAMP) NO.23528 OF 2007 APPEAL (STAMP) NO.23528 OF 2007 APPEAL (STAMP) NO.23528 OF 2007 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, appearances, Court’s Orders or directions and Registrar’s Orders Court’s or Judge’s Orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mr.S.G.Deshmukh for the Applicant. None for the Respondents. CORAM CORAM CORAM : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. : ANOOP V. MOHTA,J. DATED DATED DATED : 9th June, 2008 : 9th June, 2008 : 9th June, 2008. P.C. P.C. P.C. . The ex-parte award was challenged, which was dismissed by order dated 16/09/2006. Therefore, the Writ Petition was filed on 18/12/2006. This court issued notice before admission on 15th January, 2007. However, by order dated 27/08/2007, this Court had permitted the plaintiff to withdraw the petition and accordingly, it was withdrawn. As alternative remedy is available to file an appeal. ( 2 ) Therefore, the Applicant preferred this first appeal on 27th September,2007. This resulted into delay of about 17 months and 25 days in filing the present Appeal. 2. Considering the averments made and in view of the fact that as sufficient cause is shown, this Civil Application is allowed in terms of prayer clauses (a) and (b). 3. Appeal be listed for admission after due registration. [ANOOP [ANOOP [ANOOP V. MOHTA, J.] V. MOHTA, J.] V. MOHTA, J.]