* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL. APPLICATION NO. 630 OF 2009 (FOR CONDONATION OF DELAY) IN FIRST APPEAL (ST) NO. 2684 OF 2009 Shri. Bal Patil ...........Applicant V/S. M/s. Bennett Coleman Co. Ltd & Ors. ...............Respondent --------- Mr. S.S. Kanetkar, adv.for the applicant. Mr. Arif Doctor i/by Kanga & Co. adv.for the respondents. CORAM : SMT. R.P. SONDURBALDOTA, J. 22nd MARCH, 2010. P.C. :- 1. This Civil Application is taken out for condonation of delay of 81 days in filing the appeal to challenge the judgment and order dated 10th September, 2008. 2. Mr. Kanetkar, the learned counsel for the applicant, submits that, the application for certified copy of the order was made on 12th September, 2008. The same was ready and collected by the applicant on 6th October, 2009. Though, this was sufficient to file the First Appeal, the applicant not being aware of the position in law, waited for certified * 2 * copy of the decree passed by the Bombay City Civil Court. Later, when he was informed by the office of the City Civil Court that it would take a long time to get the certified copy of the decree, he approached his advocate to discuss the matter and learnt that an appeal can be filed on the basis of the certified copy of the judgment and order alone. Immediately, thereafter, he filed the present appeal. Mr. Kanetkar, states that the applicant received certified copy of the decree after filing of the present appeal. Mr. Doctor, learned counsel for the respondent, opposes the application submitting that ignorance of procedural laws cannot be an excuse available to the applicant. The applicant is not expected to know all the niceties of the procedural laws. This is not the case of negligence or deliberate avoidance of filing the appeal within the prescribed period of time. In the circumstances, there is sufficient cause made out for condonation of delay. Hence, the Civil Application is allowed in terms of prayer clause (a). The delay is condoned. 3. Office to number the appeal and place the same for admission in due course. [SMT. R.P. SONDURBALDOTA, J]