1 CA 3930/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3930 OF 2010 IN FIRST APPEAL (ST) NO. 25367 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Ms. Poonam Mittal for the applicant. CORAM : D.G. KARNIK, J. DATE : 8TH FEBRUARY 2011 P.C. : 1. Heard learned counsel for the applicant. None present for respondent nos.1 to 3 though served. Counsel for respondent no.4 is absent when called. 2. This is an application for condonation of delay of 58 days in filing of an appeal. The application is vague and only states that due to administrative reason the delay has arisen. However, since there is no contest by the 2 CA 3930/10 respondents, the delay can be condoned subject to payment of costs as a condition precedent. Hence, I pass the following order. (i) The application is allowed and the delay in filing the appeal is condoned subject to the applicant depositing Rs.5,000/- within 6 weeks in this Court as a condition precedent. On such deposit, the respondents (original claimants) are permitted to withdraw the amount of the costs. (ii) In the event the costs are not deposited within 6 weeks, the application shall stand dismissed without further reference to the Court and the appeal shall stand dismissed as barred by limitation. (iii) The applicant shall recover and reimburse itself the costs from the person responsible for the delay in filing of the appeal. (D.G. KARNIK, J.)