1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIDINARY ORIGINAL CIVIL JURISDICTION Notice of Motion No. 676 of 2009 In Appeal Lodging No.10 of 2009 In Notice of Motion No.2016 of 2007 In Suit No.1478 of 2007 Kamna Dilip Datwani & ors. Appellants Vs. A.A. Estate Private Ltd. Respondents Ms.Abha Gupta i/b. S.K. Srivastav & Co. for appellants. Mr.Sudeshna Guha Roy with Mr.Aman Varma i/b. Vidhi Partners for respondents. CORAM: B. H. MARLAPALLE & SMT. V.K. TAHILRAMANI, JJ. January 29, 2010. P.C. 1. Heard. Appeal Lodging No.10 of 2009 has been filed beyond time by 48 days. 2 2. We have perused the affidavit in support of the motion for condonation of delay. The averments made in para 2 of the affidavit have not impressed us. However, the lapse on the part of the Advocate appearing should not result in defeating the right of appeal of a litigant and, therefore, we deem it appropriate to condone the delay so as to advance the cause of justice but by levying costs. 3. Hence the Notice of Motion is made absolute in terms of prayer clause (a) subject to the applicant remitting an amount of Rs.5000/- by way of costs within two weeks from today with the Registry of this Court. 4. List the appeal for admission after two weeks. (SMT. V.K. TAHILRAMANI,J.) (B. H. MARLAPALLE,J.)