1 ca3925-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3925 OF 2009 IN FIRST APPEAL [STAMP] NO.22226 OF 2009 M/s.Vidya Prasarak Mandal ..Applicant Vs Mukund Vasudeo Sahastrabuddhe ..Respondent -- Mr.P.G.Lad, for applicant. Mr.A.J.Rizvi, for respondent. -- CORAM : R.G.KETKAR, J. DATE : 24 th JANUARY, 2011 P.C: Not on board. Mentioned. By consent of the parties, taken on board. 2] This is an application for condonation of delay of 558 days in filing First Appeal. 3] Heard Mr.P.G.Lad, learned counsel for the applicant and Mr.A.J.Rizvi, learned counsel for respondent/opponent. 4] Mr.Lad submitted that the impugned judgment and decree was 2 ca3925-09.sxw passed on 14 th November, 2007 and the application for certified copy was made on 15 th November, 2007. The certified copy was received on 6 th February, 2008. However, the Clerk of Advocate did not inform the said fact to the applicant. Even, he did not disclose the said fact to the Advocate for applicant who conducted the suit and the certified copy was kept in the file maintained for certified copies. 5] On the other hand, Mr.Rizvi strenuously opposed the application contending that the application suffers from vagueness and no proper explaination is given. Opponent is 82 years old and is facing this litigation for more than 30 years. 6] I have considered the rival submissions made by learned counsel for the parties. It is not in dispute that the impugned judgment and decree was passed on 14 th November, 2007 and the application for certified copy was made on the next date i.e.15 th November, 2007. The certified copy was ready and was collected on 6 th February, 2008. It is in these circumstances, it cannot be said that the applicant was not diligent in obtaining the certified copy. If delay is not condoned, the substantive appeal would stand dismissed on technical ground and not on merits. However, if delay is condoned, at the highest the appeal would be decided on merits. In my opinion, considering the facts and circumstances of the case, ends of justice would be served if the delay is condoned subject to the payment of cost of Rs.5000/- to the respondent within a period of two weeks from today. 3 ca3925-09.sxw 7] Hence, Civil Application is allowed. Delay is condoned subject to payment of cost of Rs.5,000/- to the respondent/opponent within a period of two weeks from today. Payment of cost shall be condition precedent. It is expressly made clear that on failure of the applicant to pay the cost within two weeks from today, the appeal shall stand dismissed without further reference to the Court. [R.G.KETKAR, J.]