- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 571 OF 2009 IN APPEAL FROM ORDER (St.) No. 3805 OF 2009 WITH CIVIL APPLICATION No. 720 OF 2009 Gaiomurd Pedder s/o Nadir Pedder ... Appellant Vs. Sicom Ltd. and anr. ... Respondents Mr. Girish Godbole a/w Mehul Shah, Hemang Jariwala i/b Atul G. Damle, for the applicant. Mrs. Jaymala Raut i/b Juris Consultants, for the respondents. CORAM : R. V. MORE, J. DATE : JUNE 19, 2009. PC :- 1. Heard the learned counsel for the applicant and respondent No.1. Since order impugned in Appeal From Order is passed against the present applicant/appellant, presence of respondent No. 2 is not necessary for the disposal of this application. 2. Present civil application is taken out for condonation of the delay of 1 year and 46 days occurred in filing the Appeal - 2 - From Order. Impugned order was passed on 19-9-2007. The appellant was under impression that since property of respondent No.2 was sold by Arcil of sale certificate date 14-7-2008, the respondent No. 1 will accept their share of sale proceeds of the said property towards the full and final satisfaction of their entire claim against the respondent No. 2 as well as the appellant. However, on 17-11-2008 they received notice of execution of order impugned in Appeal From Order. Thereafter the appellants filed the Appeal from Order. I am of the view that for the reasons mentioned above, the delay occurred in filing the appeal deserves to be condoned, however, subject to payment of costs by the appellants to the respondent No.1, which is quantified at Rs.5,000/-, to be paid within a period of two weeks from today. 3. Office is directed to place the appeal for admission on 29th June, 2009. Till next date the respondent No.1 shall not take any coercive action against the appellants. Sd/- [ R. V. MORE, J.]