1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR. CIVIL APPLICATION NO.43 OF 2009. IN MCAST NO.536 of 2009. in S.A.NO.115 OF 2005 (d) Shri Bhagwan Bisanji Kamble .vs. Smt.Pratibha wd/o Milind Modak and others. -------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's Orders or Court's or Judge's Orders directions and Registrar's orders. Coram: P.B.VARALE,J. Dated : 25th FEBRUARY, 2009. 1. This is an application for seeking condonation of delay. The grounds for the delay are mentioned in para nos.2, 3 and 4 of the application. Advocate Mr.Kaptan appearing for the applicant/appellant submits that the delay is caused because of the communication gap and the applicant was unaware of the order passed by this court. Learned counsel further submits that the delay caused is purely unintentional and if same is 2 not condoned, the applicant would put to irreparable loss. 2. Learned Advocate for respondents vehemently opposes the application for condonation of delay. In my opinion, though the delay caused is more than two years and some odd days, in view of the grounds given in the application and in the interest of justice, it will be appropriate to condone the delay subject to payment of costs of Rs.750/- (Rs.seven hundred and fifty only) to be paid to the High Court Legal Services Sub-committee, Nagpur, within period of three weeks. The delay condonation application is disposed of accordingly. The appeal be restored back to the file. Mr.Kaptan submits that he will remove the office objections within a period of one week from today. JUDGE. chute 3