IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION NO.2958 OF 2004 APPLICATION NO.2958 OF 2004 APPLICATION NO.2958 OF 2004 IN IN IN FIRST FIRST FIRST APPEAL ST.NO.21487 OF 2004 APPEAL ST.NO.21487 OF 2004 APPEAL ST.NO.21487 OF 2004 ----------------------------------------------------------------- Office notes, office memoranda of Coram, appearances, Court’s Court’s or Judge’s orders. orders or directions and Registrar’s orders. ----------------------------------------------------------------- Shri Prasad Shinde i/by M/s.Dhruva & Co. for the Appellant. Shri S.Nagvadaria i/by M/s.Mehta & Co. for the Respondent. CORAM CORAM CORAM : ABHAY S.OKA, J. : ABHAY S.OKA, J. : ABHAY S.OKA, J. DATED DATED DATED : 3rd Sept., 2004. : 3rd Sept., 2004. : 3rd Sept., 2004. P.C.: P.C.: P.C.: 1. Rule. The Respondent waives service. The Advocate for the Respondent has filed affidavit-in-reply opposing the condonation of delay. 2. I have perused the application and affidavit-in-reply. Case is made out for condoniation of delay. According the Civil Application is allowed in terms of prayer clause (a) subject to condition of the Applicant paying costs of Rs.1500/- to the Respondent. Amount of costs to be paid within a period of three weeks from today. 3. Place the Appeal for admission on 13th September 2004. Judge. Judge. Judge.