1 caf4857-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION rpa CIVIL APPLICATION NO.4857 OF 2009 IN FIRST APPEAL ST. NO.29627 OF 2009 Municipal Corporation of Greater Mumbai .. Applicant V/s. Stephen Blaise Innocent D'Souza .. Respondent ..... Mr. Vinod Mahadir for the applicant – BMC. Mr. Indrapraksh Tripathi i/b. Mr. C. K. Tripathi for the respondent. ..... CORAM : A. S. OKA, J. DATE : MARCH 15, 2011. P.C.:- Heard the learned counsel appearing for the applicant - BMC and the learned counsel appearing for the respondent. The learned counsel appearing for the respondent opposed the application for condonation of delay. 2. The Apex Court is repeatedly held that Court is under obligation to adopt liberal and justice oriented approach while deciding the application under Section 93 of the Limitation Act, 1963. In paragraph Nos. 4 and 5 of the application there is an explanation of delay. Though sufficient cause is made out, considering the length of delay, applicant 2 caf4857-09 will have to pay costs to the respondent quantified at Rs.5000/-. 3. Hence, Rule is made absolute in terms of prayer clause (a) subject to the applicant paying costs of Rs.5000/- to the respondents within a period of six weeks from today. Payment of costs will be condition precedent. The amount shall be deposited to the trial Court within the stipulated time shall be treated as sufficient compliance of this order. JUDGE