1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.876/2009 IN FIRST APPEAL NO.742/1998 The Shipping Corporation of India Ltd. ..Applicant -VERSUS- Ratanji Somabhai Tandel. ..Respondent ......... Mr.Tariq Baig along with Mr.S.Desa, Advocates i/b Bhatt and Saldhana, Advocates for the applicant. Mr.C.R.Naidu, Advocate for the respondent. .......... CORAM : A.P.DESHPANDE, J. DATED : 04th MARCH, 2009. P.C. : 1. The present application is moved by the applicant/appellant for bringing the legal heirs of the respondent/workman on record. The appeal is admitted and is pending. During the pendency of appeal, the respondent expired on 21.04.2002 leaving behind a widow and a son. 2. Leave to amend the prayer clause with a view to make a prayer for setting aside the abatement, is granted. 3. The learned counsel for the respondent diligently by communication dated 17.06.2002 intimated the fact of death of the 2 respondent and also informed other particulars of the legal heirs. The appellant acknowledged the receipt of communication, however, requested the learned counsel for the respondent an authenticated copy of the death certificate. Truly speaking, the same was not necessary. 4. The learned counsel for the respondent submits that the communication at Exhibit-B was not received by him. 5. Be it as it may, the appeals of the year 1998 are not being heard, hence, the delay has not really prejudiced the respondent. The legal heirs of the respondent can be adequately compensated. In the result, the delay is condoned. The legal heirs of the respondent are permitted to be brought on record. The abatement is set aside and the appeal stands restored to file subject to payment of costs of Rs.5,000/- by the applicant to the legal heirs of the respondent. The costs shall be paid within a period of two weeks from today. The memo of appeal be amended within two weeks. 6. The application is disposed of. JUDGE