ash 1 caf-128.07 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.128 OF 2007 IN FIRST APPEAL ST.NO.28544 OF 2006 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri Pushkarini B. Kulkarni h/f Shri K.S. Patil for the Applicant. Shri Pramod Pawar for Respondent. -- CORAM : A.S.OKA, J. DATE : 4TH OCTOBER, 2011 P.C.: . Heard learned counsel appearing for the Applicant and the learned counsel appearing for the Respondent. The application is opposed by the learned counsel appearing for the Respondent by pointing out that there is no explanation for condonation of delay of 356 days. 2. In Paragraph 2 of the Application, the explanation for condonation of delay has been offered by the Applicant. In view of the said explanation, the delay deserves to be condoned. However, considering the length of delay, the Applicant will have to pay costs to the Respondent quantified at Rs.5,000/- ash 2 caf-128.07 3. The rule is made absolute in terms of prayer clause (a) subject to the Applicant paying the sum of Rs. 5,000/- by way of costs to the Respondent within a period of four weeks from today. Payment of costs shall be condition precedent. (A.S.OKA, J)