1 39 caf.583.11 ndm FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 583 OF 2011 IN FIRST APPEAL (stamp) NO. 3836 OF 2011 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Vinod Mahadik for the Applicant/BMC. Mr. P.S.Bhosale for the Respondent. CORAM : A.S.OKA, J. DATE : 22 nd June, 2011. P.C. 1 Heard the learned counsel appearing for the parties. 2 The learned counsel appearing for the Respondent opposes the application by placing reliance on the decision of the Apex Court in Civil Appeal No. 6514 of 1997. In paragraph No.3 of the application, it is stated thus: “3. The Applicants state that the Trial Court has passed an order on 06.05.2009 and applied for certified copy on 11.05.2009 and same was made available on 15.10.2009 and received the this applicant on 31.10.2009. The Applicants state that there is a delay caused, since the Applicants staff was frequently changed looking after the concerned ward. The papers and proceedings are not typed in time as they are misplaced and mixed with some other papers. The applicant being a statutory body having limited staff and 2 39 caf.583.11 overburden of work are not able to get the proceedings typed in time and hence there is delay of 452 days and the same may please be condoned in the interest of justice. The Applicants say and submit that delay in preferring appeal is not deliberate and intentional and same are caused due to the circumstances narrated hereinabove and therefore delay may pleased be condoned.” 3 Judicial notice is required to be taken of the fact that the Applicant – Corporation is facing large number of litigations in City Civil Court and this Court. In fact the Applicant – Corporation is a litigant in large number of cases even in Magistrates' Courts. It is stated that the Applicant has a limited staff, which is overburdened with work. There is sufficient explanation for delay. Though the delay deserves to be condoned, considering the length of the delay, the Applicant will have to pay costs to the Respondent quantified at Rs.7,500/-. Rule is made absolute in terms of prayer clause (a) subject to Applicant paying costs of Rs.7,500/- to the Respondent within a period of six weeks from today. Payment of costs shall be a condition precedent. [ A.S.OKA, J ]