FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPEAL NO. 182 OF 2004 IN FIRST APPEAL (ST.) NO. 1432 OF 2004 =========================================================== Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's orders or directions & Registrar's orders. =========================================================== CORAM: F.I. REBELLO & ANOOP V. MOHTA, JJ. DATED: 16TH AUGUST, 2004. 1. For the delay in preferring the Appeal, the cause shown is that proceedings were pending before the Trial Court. The application was filed on 7/1/2002 and has been disposed of on 8/10/2002. Against the order, the appellants here preferred Writ Petition which was dismissed on 8/9/2003 and it is only after that, that the present Appeal has been preferred. It is, therefore, submitted that the time taken for those proceedings should be excluded considering that the appellants bonafidely prosecuted those proceedings. 2. On behalf of the respondents, a reply has been filed opposing the condonation of delay. The reply is more in the nature of the merits of the Appeal and why the Appeal cannot be entertained at this stage. That can be considered, if so raised, at the time of hearing of the Appeal. 3. The only question is whether the cause shown would amount to sufficient cause. In our opinion, a;s; the appellant was bonafidely prosecuting proceedings, first before the Trial Court and thereafter, before this Court, that time should be excluded for the purpose of counting the period of filing the present Appeal. The cause shown, in our opinion, amounts to sufficient cause. In the light of that, application made absolute in terms of prayer clause (c) subject to the appellants paying to the respondents costs quantified at Rs.2,500/- within two weeks from today. 3. Place the Appeal for admission on 30th August, 2004. [F.I. REBELLO, J.] [ANOOP V. MOHTA, J.]