1 Caf-608.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 608 OF 2010 In FIRST APPEAL ST. NO.3812 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri N.V. Walawalkar, Sr. Advocate i/by Smt. V.K. Khatu for the Applicant. Shri Ravindra Singh for the Respondent. -- CORAM : A.S.OKA, J. DATE : 28TH FEBRUARY, 2011 P.C.: . Heard learned Senior Counsel appearing for the Applicant and the learned counsel appearing for the Respondent. Perused the additional affidavit of Shri Vivek M. Khavnekar. In the said affidavit, it is disclosed that when the SLP challenging the order passed by this Court in an appeal from order arising out of the same suit came up for hearing before the Apex court on 4th January, 2010, it was brought to the notice that the main suit has been disposed of. Thereafter, an appeal was preferred on 5th February, 2010. Thus, what is disclosed 2 Caf-608.10 from the affidavit is that the Applicant became aware of the dismissal of the suit for the first time on 4th January, 2010 and practically within a month, the present appeal has been filed. 2. In view of what is set out in the additional affidavit, sufficient cause is made out. However, considering the length of the delay, the application is allowed subject to payment of costs of Rs.5,000/- to the Respondent with a period of four weeks from today. Deposit of the amount of costs of Rs.5,000/- in the Trial Court within the stipulated time shall be considered as a substantial compliance of this order. The Trial Court to accept the deposit of the amount. (A.S.OKA, J)