1 caf2593.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FARAD CONTINUATION SHEET CIVIL APPLICATION NO.2593 OF 2008 IN FIRST APPEAL ST.NO.11546 OF 2008 ............................................................. Office Notes,Office memorandum of Coram, appearances,Court's Court's or orders or directions Judge's orders & Registrar's orders. ............................................................. Mr.M.B.Kotak for the applicant Mr.Ashish Agarwal & Parvez Daruwala i/b M/s.Mulla & Mulla for the respondent no.1 CORAM: A.S.OKA,J. DATE : NOVEMBER 24,2010 P.C.: 1 Heard learned counsel for the applicant and the learned counsel for the second respondent. Perused the additional affidavit dated 9th October 2010. 2 The applicant is the original claimant. An appeal was preferred by the respondents for challenging the same Judgment and Order in this Court. Appeal remained pending at the stage of admission. The case made out by the applicant in the 2 caf2593.sxw additional affidavit is that the applicant could have filed cross objection in the said appeal but the said appeal was withdrawn on 17th December 2007. The present appeal for enhancement was filed on 23rd April 2008. 3 In view of what is stated in the additional affidavit, sufficient cause is made out for condonation of delay. Delay is condoned. Application is allowed. JUDGE