1 CAF 2804 OF 2009 vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2804 OF 2009 IN FIRST APPEAL (STAMP) NO.15881 OF 2009. Gammon India Ltd .. Applicant. -versus E. S. I. Corporation .. Respondent. Mr. Shailesh K.More, i/b M.S. Naik and S.M. Naik, for the applicant. Mr. P.M. Palshikar, for the respondent. CORAM: A. S. OKA, J. DATED: 13th April, 2011 P.C. 1. Heard learned counsel appearing for the applicant. Additional affidavit of the applicant is taken on record. Application is opposed by the learned counsel appearing for the respondent. 2. In view of the averments made in the additional affidavit, delay deserve to be condoned. However, considering the period of delay, respondent will have to be compensated by ordering payment of costs. Hence rule is made absolute in terms of prayer clause (a). Applicant will pay costs to the respondent corporation quantified at Rs.10,000/-. Cost amount to be paid within a four weeks. If the costs are not 2 CAF 2804 OF 2009 paid within the stipulated period, first appeal will stand dismissed without further reference to the Court. (A.S. OKA, J.)