1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3585 OF 2008 IN FIRST APPEAL (ST) NO. 13182 OF 2008 __________________________________________________________________ Office Notes, Office Memoranda of Coram, apperances, Court' s orders or Court's or Judge's orders directions and Registrar's orders Mr.V.S.Kapse, adv.for applicant. Mr.M.D.Siodia with Mr.Rohan Mahadik, i/by. Rustomji & Ginwala, adv.for respondent no.1. Coram: P.B. Majmudar, & Smt.R.P.SondurBaldota, JJ. Dated : 30 th September, 2008. P.C. : 1. Heard learned counsel for the parties. 2. Though learned counsel for respondent no.1 initially objected this Civil Application on the ground that no appropriate reasons are mentioned he ultimately left it to the court for consideration. The appeal is filed in 2 connection with not decreeing the suit fully with regard to payment of octroi duty. Learned counsel for the applicant, submitted that the matter was placed before the concerned department for seeking opinion whether an Appeal is required to be filed. In that process, some time was consumed. In the meantime, the Appeal became time barred by 123 days. The application is opposed by respondent no.1 on the ground that very vague reasons are given and according to him appropriate reasons should have been given in the application. In our opinion, considering the fact that respondent no.1 is a public body and the dispute is in connection with regard to payment of octroi duty, the Appeal needs to be heard on merit. This appellant to some extent can be said to be non vigilent in preferring this appeal. In these circumstances, we condone the delay. The 3 applicant to pay costs of Rs.5,000/- to respondent no.1 within a period of 4 weeks from today. Rule is made absolute accordingly. [P.B.MAJMUDAR,J] [SMT.R.P.SONDURBALDOTA, J]