1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAF NO. 1336 OF 2009 IN FA ST. NO. 4891 OF 2009 (VIDC vs. Ashok Damadsa Ajmire & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. AUGUST 26, 2009. The prayer is to condone delay of 40 days in filing First Appeal. Shri Patil, learned counsel for the applicant/ appellant states that time was spent in obtaining advise and complying with the procedural requirements. Shri Mirza, learned AGP for respondents No. 2 & 3 is supporting the reasons. Shri Nakshne, learned counsel for respondent No.1 is attempting to point out that the delay has not been properly explained. However, we do not find any malafides on the part of the applicant in the matter. Hence, delay is condoned subject to payment of cost of Rs.300/- by the applicant to respondent No.1 by 9th September 2009. If the costs are so paid, office to register First Appeal and place it for further consideration. JUDGE JUDGE *GS.