1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 2482 OF 2009 IN FIRST APPEAL (ST) NO. 3234 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 19.03.2010 1. Heard Adv. Shri S.R. Deshpande for the applicants. None present for the respondent when called out. 2. This is an application for condonation of delay of 306 days in filing First Appeal against judgment and decree passed by the Jt. Civil Judge, Senior Division, Aurangabad, in Special Civil Suit No. 143 of 2001, decided on 20.12.2007. It is stated that after the judgment the decree was signed on 04.01.2008, on 09.01.2008 the certified copies were applied and they were received on 30.01.2008. The applicant is a financial corporation and therefore it has to obtain opinion 2 of Head Office, Regional Office so also of the advocate. The opinion was given in March, 2008. However, there was certain confusion regarding as to whether the appeal would lie before the District Court or the High Court. Therefore, some more time was sent. It is further stated that all formalities were completed in August, 2008 and the papers were handed over to the advocate. However, in para 6 of the application it is stated that furniture work was started in August, 2008 in the office of the advocate and major portion of the office was shifted and in the process the papers were misplaced. The papers could be traced out only in February, 2009 and thereafter on 09.02.2009, the application is given. 3. The learned advocate for the applicants has relied upon case of Suresh s/o. Premraj Mutha V/s. Municipal Corporation, Aurangabad, 2008(3) Mh.L.J.207 and Collector, Land Acquisition, Anantnag and Anr. V/s. Mst. Katiji and Ors., AIR 1987 SC 1353. 3 4. Considering the reasons, particularly the reasons given in para 6, the client should not suffer for error on the part of the advocate. Considering the facts of the case, the Civil Application is allowed on condition that the applicants shall pay amount of Rs. 2000/- (Rupees Two Thousand Only) as costs of the respondent within three weeks from today. In case the costs are paid/deposited within three weeks, the First Appeal be registered. [P.R. BORKAR,J.] snk/2010/MAR10/ca2482.09