mpt IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4403 OF 2007 IN FIRST APPEAL ST.NO.19686 of 2008 Om Sai Builders .. Applicant versus Vasant Waman Pradhan .. Respondent ... Mr.S.K. Shinde i/b D.N. Salvi for the applicant. Mr.K.Y. Mandlik for the respondent. CORAM : B.H.MARLAPALLE AND D.G. KARNIK, JJ DATED : 17th February 2009 P.C.: . We have heard Mr.Shinde i/b Shri Salvi, learned counsel appearing for the applicant. Mr.Mandlik appears for the respondent. . First Appeal under stamp no.19686 of 2008 has been filed belatedly and hence this application for delay condonation. As per the office note, the appeal is beyond time by 397 days. The decree of the trial court is dated 15th March 2007 and the certified true copy of the same was received on 24th April 2007 whereas the appeal came to be filed in August 2008. In the additional affidavit filed before us, it has been stated that from July 2007 onwards the learned advocate’s clerk who was instructed to collect all the papers started remaining absent and the same was informed to the Registrar (Judicial) of this court on 13th September 2007 from 14th September 2007, till the appeal was filed Shri Salvi learned Advocate stated in his affidavit that he was under the impression that about the appeal having been filed and therefore, inadvertently, there was a delay in filing the appeal under the misrepresentation on the part of his clerk. . We are satisfied that the delay so caused deserved to be condoned but by levying costs. Hence, application is allowed in terms of prayer clause(a) subject to payment of costs quantified at Rs.1,000/- and the same shall be remitted to the Legal Services Authority of this court within one week. . Appeal be listed for admission on 26th February 2009. (D.G. KARNIK, J) (B.H.MARLAPALLE, J)