FARAD CONTINUATION SHEET No. MGN 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 SIDE CIVIL APPELLATE SIDE CIVIL APPELLATE SIDE CIVIL APPLICATION NO.1897 OF 2004 IN SECOND APPEAL STAMP 27178 OF 2004 ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, appearances, Court’s Court’s or Judge’s orders orders or directions and Registrar’s orders. -------------------------------------------------------- Mr. Hitesh P.Vyas for the Applicant Mrs. Kiran Bhagalia for Respondents. CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. CORAM : R.M. SAVANT, J. DATED : 23RD SEPTEMBER, 2008 DATED : 23RD SEPTEMBER, 2008 DATED : 23RD SEPTEMBER, 2008 P.C. P.C. P.C. . By the above Civil Application the Applicant prays for condonation of delay of 276 days in filing the above Appeal. The reasons for the delay are mentioned in paras. 10 and 11 of the Civil Application. 2. The Respondent Nos.13, 14, 17 and 25 have filed any affidavit in reply and opposed the above Civil Application. The learned Counsel for the said Respondents contends that the reasons cited in the said paragraphs 10 and 11 do not constitute sufficient cause and, therefore, the discretion should not be exercised by this Court in favour of the Applicant. Considering the reasons cited by the applicant and considering the well settled dictum as enunciated by the Apex Court, in matter of condonation of delay wherein the Apex Court has held that in matters of condonation of delay a highly technical and pedantic approach should not be adopted, in my view a case for condonation of delay is made out. 3. The Civil Application is accordingly allowed in terms of prayer (a). However, the Applicant to pay costs of Rs.5,000/- to the said respondents within a period of six weeks from today. The said costs are made condition precedent. If the said costs are not paid the benefit of this order would not enure to the Applicant and consequently the Civil Application to stand dismissed. Civil Application is accordingly disposed of. (R.M. SAVANT, J.) (R.M. SAVANT, J.) (R.M. SAVANT, J.)