.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.4307 OF 2008 IN FIRST APPEAL (S) NO. 18947 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Mr.J.J. Xavier for the appellant. Mr.V.Y. Sanglikar for the respondents. CORAM : D.G. KARNIK, J. DATE : 14TH NOVEMBER 2008 P.C. P.C. P.C. : 1. Heard both sides. 2. Learned counsel for the respondents strongly opposes the application for condonation of delay and tenders affidavit in reply. 3. I have perused the affidavit filed by the respondents. Though the appellant Municipal Corporation ought to have acted with more dispatch, the affidavit does make out a ground for condonation of delay. The respondents can be compensated by payment of costs. 3. In the circumstances, the civil application is allowed in terms of prayer clause (a) subject to payment of costs of Rs.3,000/- as a condition precedent. Costs shall be deposited in the Court by cheque or cash within 4 weeks with liberty to the respondents to withdraw the same. 4. In the event the costs are not deposited in the Court within 4 weeks, the civil application shall stand dismissed without further reference to the Court. (D.G. KARNIK, J.)