1 1 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.4198 OF 2004 CIVIL APPLICATION NO.4198 OF 2004 CIVIL APPLICATION NO.4198 OF 2004 IN IN IN FIRST APPEAL STAMP NO.27555 OF 2004 FIRST APPEAL STAMP NO.27555 OF 2004 FIRST APPEAL STAMP NO.27555 OF 2004 The Municipal Corporation of Greater Mumbai. : Appellants. versus Mr.Prakash Hirachand Dugad and ors. : Respondents. Mr.J.J.Xavier for the BMC. Mr.N.R.Bubna for Respondent No.1. Mr.Javed Hussain for Respondent No.3. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. CORAM : D.G.DESHPANDE,J. DATED : 22nd August 2005. DATED : 22nd August 2005. DATED : 22nd August 2005. ORAL ORDER ORAL ORDER ORAL ORDER 1. Heard advocates for the appellant and Respondent No.1. This application is for 2 2 2 condonation of delay of 168 days. The application is opposed by the respondent No.1. However, looking to the explanation given, the delay is condoned subject to payment of costs of Rs.1000/- to the advocate for the respondent No.1. Costs to be paid or deposited within two weeks from today. Payment of costs is condition precedent. Put up the appeal thereafter for admission. [D.G.DESHPANDE,J] [D.G.DESHPANDE,J] [D.G.DESHPANDE,J]