1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application No. 9137 of 2007 V. I. D. C. Vs. Sitaram Champat Gawande & Ors. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Shri B. T. Patil Adv. for appellant. CORAM: C. L. PANGARKAR J. Dated: 18 th November, 2008. Heard counsel for the appellant and the respondent. There is a delay in preferring appeal because of the fact that the present appellant who is acquiring body was not party to the reference proceedings. Since the appellant was not party to the reference proceedings the appellant was not in the know of the decision in the reference proceedings. The appellant came to 2 know of the same in the year 2007 and immediately thereafter steps were taken and the appeal has been filed . In view of this, delay stands condoned subject to payment of costs of Rs. 1000/- to be paid to the respondents on or before 17.12.2008. Leave to appeal is granted. Filing of certified copy of the order of the reference Court is dispensed with because of the fact that certified copy has been filed in Appeal Stamp No. 17773 of 2007. Interim stay to the award passed by the reference Court on appellants depositing in Court the decretal amount within a period of 8 weeks. JUDGE svk