:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION C.A. NO.2916 OF 2008 IN F.A.ST. NO.12328/2008FC WITH FIRST APPEAL ST. NO.12328 OF 2008 WITH C.A.NO.2917 OF 2008 IN F.A.ST.NO.12328 OF 2008 Navbharat Potteries Pvt. Ltd. ..Appellant. Vs. Municipal Corporation of Gr. Bombay. ..Respondent. Mr.R.M.Nakhawa for the Appellant. Mr.J.J. Xavier for the Respondent. CORAM: R.S. MOHITE, J. DATE : 6th June,2008 P.C. P.C. P.C. 1. This is an application for condonation of 419 days delay in filing the first appeal. It is sought to be contended that after the decree was passed on 12.1.2007. the certified copy was applied on 14.1.2007. The Advocate advised the applicants to file application for regularisation to the B.M.C. and accordingly, application was made. I am informed that the said application is still pending. It appears to be the case of the applicants that after the decree was passed they have found sanctioned plan.The counsel states that the said sanctioned plan has been submitted to the B.M.C. It is contended that the applicants were not aware about the remedy of appeal. In my view, this last contention cannot be accepted as the applicants were represented by :2: Advocate all along. It cannot be the plea of the applicants that they were not aware about the remedy of appeal. In the circumstances, I am not inclined to condone the delay as the sufficient cause is not shown. Civil Application is therefore, rejected. It is however, clarified that in case the applicants possesses the document issued by the B.M.C. and if it indicates that the structure in question was as per the sanctioned plan then that document may be taken into account by the B.M.C. while considering the regularisation application. It is further clarified that the application for regularisation will be decided on its own merit without being influenced of the fact of dismissal of the appeal. Civil Application is disposed off. It is desirable that the B.M.C. should decide the regularisation application within eight weeks from today. The said application should be decided by giving personal hearing and by passing reasoned order.The structure in question should not be demolished for the period of 10-weeks from today. FIRST APPEAL ST. NO.12328 OF 2008 1. As the application for delay condonation has been dismissed, first appeal does not survive. Hence, the same is dismissed. :3: C.A.NO.2917 OF 2008 IN F.A.ST.NO.12328/2008 1. In view of the dismissal of the delay condonation application, stay application does not survive and the same is accordingly dismissed. . Certified copy expedited. (R.S. MOHITE, J.)