.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2223 OF 2008 IN FIRST APPEAL (S) NO. 33079 OF 2004 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mrs.Mulekar, A.G.P. for the applicants. CORAM : D.G. KARNIK, J. DATE : 6TH OCTOBER 2008 P.C. P.C. P.C. : 1. Heard. 2. This application is for condonation of delay of 136 days in filing of the appeal. Delay has been explained in paragraphs 2 and 3 of the application. No affidavit in reply has been filed denying the averments. Delay appears to be on account of late applying for the certified copy. Delay can be condoned subject to payment of costs with liberty to the government to recover the costs from the officer responsible for the delay in applying for the certified copy. Accordingly, I pass the following order:- - 2 - 3. Civil application is allowed subject to payment of costs of Rs.2,000/- to the respondents within 4 weeks. If the costs are not so paid, the application shall stand dismissed without further reference to the Court. 4. It is clarified that the government shall be at liberty to recover the costs from the person responsible for the delay. (D.G. KARNIK, J.)