1 caf701 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.701 OF 2010 IN FIRST APPEAL ST.NO.4565 OF 2010 M/s.Sugar Chem.Engineers ...Applicant vs. Ram Sahkari Sakhar Karkhana Ltd. And another ...Respondents Mr.Ranjeet Patil for the applicant Mr.V.B.Mohite h/f Mr.Talkute for the respondent nos.1 & 2 CORAM : A.S.OKA,J. DATE : APRIL 26,2011 P.C.: 1 Heard learned counsel for the applicant and the learned counsel for the respondents. Delay is of three years and 10 days in preferring an appeal against a decree dismissing a money suit filed by the applicant. 2 The impugned decree was passed on 1 st February 2007. The application for certified copy of the Judgment and decree was made on 25 th September 2008 and the certified copy was ready on 8 th October 2008. It appears that the appeal was preferred on 20 th February 2009. There is an additional affidavit filed for explaining the delay. The learned counsel for the applicant submitted that due to financial crisis, the applicant could not arrange for payment of court fees and therefore a decision could not be taken as regards filing of the appeal. He submitted that after the applicant was in position to arrange for payment of court fees, application for certified copy was made. The learned counsel for the respondents submitted that there is gross and unexplained delay and there is no explanation whatsoever as to why 2 caf701 the application for certified copy was made after one and half year after passing the decree. 3 I have considered the submissions. Apart from the averments made in the application, in the additional affidavit it is set out that the applicant was not in position to make payment of the court fees. It is stated that he had incurred huge losses and had borrowed amount from the bank. It is stated that the applicant is the only earning member of his family. 4 The suit filed by the applicant for recovery of the amount has been dismissed. In my view, there is sufficient explanation for delay and sufficient cause is made out. However, considering the length of delay, the applicant will have to pay costs to the respondent quantified at Rs.10,000/-. 5 Hence, rule is made absolute in terms of prayer clause (a). The applicant shall pay costs of Rs.10,000/- to the respondent within a period of six weeks from today. Payment of costs will be a condition precedent. Deposit of the amount of costs in this Court within stipulated time shall be treated as sufficient compliance. JUDGE