sa269.10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ SECOND APPEAL NO.269 OF 2010 ,With CA/5756/2010 ,In SA/269/2010 M/S IPCA LABORATORIES LIMITED THROUGH ITS AUTH PERSONKAMLESH SHANTILAL JAIN VERSUS M/S POLYSYNTH INDUTRIES THROUGH PARTNER SHASHIKANT BASAVRAJ VIBHUTE ... Advocate for Petitioners : Mr. S V Dankh Advocate for Respondents : Mr. Patni Pramod F. for R Sole ... CORAM : S.S. SHINDE, J. Dated: November 23, 2011 ... Heard learned Counsel for the appellant. He submits that the application for condonation of delay in filing Regular Civil Appeal should not have been rejected by the lower appellate Court by taking hyper technical view. He invited my attention to the contents of the application for condonation of delay and submitted that satisfactory explanation was offered in the said application. However, the lower appellate Court rejected the said sa269.10 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ application. Therefore, he submits that the second appeal deserves consideration. On instructions from his client, he makes a statement that the appellant is ready to deposit decreetal amount with interest as ordered by the trial Court within two weeks from today. 2 The learned Counsel appearing for respondent has no objection to allow the application for condonation of delay in case the appellant deposits the entire decreetal amount with interest as ordered by the trial Court before the lower appellate Court within two weeks from today. He further submits that direction may be given to the lower appellate Court to decide the appeal within a stipulated period. 3 Upon hearing the learned Counsel for the parties, the following substantial question of law arises for consideration: sa269.10 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ i) Whether the lower appellate Court was correct in rejecting the application for condonation of delay in filing appeal thereby defeating the substantive right to prosecute the appeal of the appellant by rejecting the application for condonation of delay by taking technical view? 4 Upon hearing the learned Counsel for the parties and perusal of the contents of the application and more particularly, in view of the statement of the Counsel for the appellant that the appellant is ready to deposit entire decreetal amount in the lower appellate Court within two weeks from today, the delay deserves to be condoned. 5 Therefore, in view of the discussion made herein above, the delay in filing RCA stands condoned. Application is allowed subject to depositing entire decreetal amount with interest within two weeks from today before the lower Appellate Court. The lower appellate Court is directed to hear sa269.10 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD _____________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _____________________________________________________________ and dispose of the appeal within three months from today. The Counsel for respondent has made a statement that the respondent will not withdraw the decreetal amount that would be deposited before lower appellate Court till appeal is finally decided. Second appeal is allowed to above extent and disposed of. Consequently, civil application does not survive and stands disposed of. Record & proceedings be sent back to the concerned Court immediately. (S.S. SHINDE, J.) PLK/*