: 1 : 3823-09-caf=.sxw UJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3823 OF 2009 WITH CIVIL APPLICATION NO. 3169 OF 2011 IN FIRST APPEAL (ST) NO. 21940 OF 2009 WITH CIVIL APPLICATION NO. 3878 OF 2009 WITH CIVIL APPLICATION NO. 3170 OF 2011 IN FIRST APPEAL (ST) NO. 22021 OF 2009 M/s. Ashok Garage .. Applicant v/s. Sunil Amrut Patil & Ors. .. Respondents ......... Ms. Makarand P. Panchakshari i/b Mr. S.K. Shinde for appellant and respondent in CAF-3169/11 and 3170/11 Mr. R.R. Sonawane for respondent no.1 and appellant in CAF-3169/11 and 3170/11 ......... CORAM : A.V. NIRGUDE, J DATE : 19th DECEMBER,2011. P.C. : 1. Heard. Both these applications seeking condonation of delay of 225 days can be decided by this common order. The appellant applicant is the employer of the erring driver due to whose negligence, the accident had occurred. The delay is caused because according to the applicant appellant : 2 : 3823-09-caf=.sxw that they were trying to settle the case out of Court. 2. In view of the nature of the case, I am inclined to condone the delay putting applicant appellant to terms. On the applicant appellant paying costs of Rs.1,000/- in first application and Rs.4,500/- in second application. The delay stands condoned. The costs shall be paid to the respondent no.1 on or before 31st January, 2012. There is possibility of disposal of the appeals at admission stage. R & P be called for. Civil Applications Nos. 3170 of 2011 & 3169 of 2011 . These applications are filed by respondent no.1 for withdrawal of the amount pending the disposal of the appeals. Since the R & P is not come so far to me and looking to the nature of the dispute, I am inclined to direct 25% amount be paid to the respondent no.1 pending this application. Office shall handover 25% amount deposited by the appellant to respondent no.1. Adjourned to 30th January, 2012. (A.V. NIRGUDE, J.)