1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION CIVIL APPLICATION NO. 98 OF 2007 IN LETTERS PATENT APPEAL(ST.) NO. 8740 OF 2007 IN WRIT PETITION NO. 6497 OF 2006 Badriprasad Bhoruka Family Trust. ... Applicant. V/s. M/s. Sudhakar Co-operative Housing Society Ltd. and Ors. ... Respondents. Mr. Vishal Kanade i/b. M/s. T.N. Tripathi & Co. for the Applicant. Mr. D.S. Singh i/b. Indian Law for Respondent 1. CORAM : ANIL R. DAVE, C.J. & S.C. DHARMADHIKARI,J. DATED : 23RD FEBRUARY 2010. P.C. :- This is an application for condonation of delay caused in filing the Appeal. 2. We have heard the learned Advocates. 3. The delay is to the extent of 120 days. It has been submitted by the learned Advocate appearing for the Applicant that the Trustee, who was looking after the affairs of the trust was out of India and so as to seek instructions from him in this case, the delay has caused. He has placed on record a copy of Passport showing the fact that the concerned Trustee was out of India. It has been further submitted that 2 the learned Advocate was also not available as she was on maternity leave. 4. The learned Advocate appearing for the opponent has opposed this Application. 5. Looking to the facts of the case, in our opinion, a case has been made out for condonation of delay. Therefore, the delay is condoned. However, we direct that a sum of Rs. 3,000/- be awarded by way of costs to Respondent No.1 – Society. The Application stands disposed of as such. 6. Office to verify and place the Appeal for admission only after evidence with regard to payment of costs to Respondent No.1 is placed on record. (CHIEF JUSTICE) (S.C. DHARMADHIKARI,J.)