-1- GPN-J-2459-ARHCBN-3-04-1,00,000-ALA4* [Spl.-H.C.,A.S.,C.D.79e. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.NO. 8316/2008 IN F.A.ST.NO. 15661/2008 Mahalaxmi Agro Centre --versus-- Mah. State Co. Op. ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : MARCH 2, 2009. Heard. Delay of 230 days in filing First Appeal is sought to be condoned by pointing out that certified copy of the impugned judgment and decree dated 14.11.2007 was ready for delivery on 11.4.2008, but than the applicant/appellant was suffering from Lumber Spondylisis and was advised complete bed rest from 13.4.2008 to 30.09.2008. Respondent/original plaintiff has filed reply, but illness has not been denied. The respondent has also not stated that during this period the applicant was performing his normal duties and was looking after his business. The learned counsel for applicant mentions that a Doctors certificate in respect of the said period was also filed along with the Civil Application. I find that there is no mention -2- of any Doctors certificate in Civil application and no such certificate is annexed with the record. However, considering the reply of respondent, delay is condoned, subject to payment of cost of Rs. 5000/- by the applicant to the respondent/non-applicant by 15.03.2009. If the said costs are so paid, office to register First Appeal and place it for further consideration. Civil Application is accordingly allowed. JUDGE Rgd.