IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 79 OF 2009 IN FERA APPEAL NO. 80 OF 2009 Mr.Navin Hemandas Jawa. ... Applicant. V/s. The Appellate Tribunal for Foreign Exchange and others. ... Respondents. Joaquim Reis with Jaydeep Mitra i/b. J.D.Ved for the applicant. Rui A. Rodrigues with A.S.Rao for the respondents. CORAM : V.C.DAGA AND S.J.KATHAWALLA, JJ. DATED : 17th June 2010. P.C. : Heard learned counsel for the appellant- applicant and learned counsel for the respondents. Perused civil application and appeal papers. 2. The delay in filing appeal is 99 days. It appears that the appellant had filed writ petition against the impugned order on 20th July, 2009. The said petition was allowed to be withdrawn with liberty to file appeal vide order dated 7th October, 2009. The advocate representing the respondents did not raise any objection to the grant of liberty. Immediately after the order of withdrawal dated 7th October, 2009, appeal came to be filed on 12th October, 2009 i.e. within a period of 5 days. 3. Now, Mr.Rodrigues, learned counsel appearing for the respondents tried to raise objection with respect to power of the Court to condone delay. However, in view of judgment of this Court in the case of Lalit D. Sheth v. Union of India, 2010 (253) ELT 753 (Bom.) to which one of us (Daga, J) is party, the objection raised by the respondents does not survive. The delay has been explained by the appellant to the satisfaction of this Court. In this view of the matter, delay in filing appeal is condoned. Appeal to come up for admission after its registration. 4. Civil application stands disposed of in terms of this order with no order as to costs. (S.J.KATHAWALLA, J.) (V.C.DAGA J.)