-1- IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL APPLICATION NO.1005 OF 2007 APPLICATION NO.1005 OF 2007 APPLICATION NO.1005 OF 2007 IN IN IN SECOND SECOND SECOND APPEAL ST.NO.16653 OF 2007 APPEAL ST.NO.16653 OF 2007 APPEAL ST.NO.16653 OF 2007 Mahabaleshwar Hill Station Municipal Council & Ors. ...Applicants vs. M/s.A.S.K.Architects & Ors. ...Respondents Mr.K.K.Jadhav for the Applicants Ms Sangita Patil h/f Mr.Atul Damle for the Respondents CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : FEBRUARY 18, 2008 : FEBRUARY 18, 2008 : FEBRUARY 18, 2008 P.C.: P.C.: P.C.: 1. Heard Advocates for the parties. The Advocate for the Respondents has opposed this application by pointing out that there is no explanation for delay of 622 days. 2. After having heard the Advocates for the parties and after considering the averments made in the Application, I find that the delay deserves to be condoned subject to payment of costs by the Applicants to the Respondents. 3. Hence, I pass the following order : i) Rule is made absolute in terms of prayer clause (a) subject to the Applicants paying costs of Rs.3500/- to the Respondents within a period of four weeks from today. Payment of costs will be a condition precedent. ii) A sum of Rs.1,48,478.16 deposited by the Appellant shall be invested in fixed deposit in any nationalised bank for the time being for a period of one year. -2- JUDGE JUDGE JUDGE