1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.S. NO. 863/2010 IN SECOND APPEAL ST No. 8615/2010 M/s. Industrial Explosive Pvt. Ltd. .Versus M/s. Nobel Printing Press, Nagpur. ________________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. _______________________________________________________________________________________ CORAM : R.M.SAVANT, J. DATED : 17.01.2011. Heard Shri A.J. Khan, the learned Counsel for the applicant and Shri N. Lalwani, the learned Counsel for respondent. By the above Civil Application the applicant/appellant seeks condonation of delay of 1 year and 165 days in filing the Second Appeal. The reasons for the said delay are mentioned in the Civil Application. The learned Counsel for the respondent question the said reasons on a demurrer and submits that no sufficient cause has been shown by the applicant. In my view, though the reasons mentioned are prima facie questionable, but following the well settled dictum that a party should be allowed to prosecute its remedy on merits, rather being thrown out on technicalities. In my view, following the said dictum the Civil Application is required to be allowed. Delay caused in filing is therefore, condoned. 2 However, the interest of justice would be served if the applicant is directed to pay costs of Rs. 5000/- to the respondent within a period of two weeks from today. The payment of costs would be a condition precedent and only on the applicant producing evidence of having paid the said costs to the respondent, that the benefit of this order would enure to the applicant. If such costs are not paid within the stipulated time, the application for condonation of delay would be deemed to have been dismissed. Civil Application is accordingly disposed of. No costs. JUDGE Rgd