:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3910 OF 2005 CIVIL APPLICATION NO. 3910 OF 2005 CIVIL APPLICATION NO. 3910 OF 2005 IN IN IN FIRST APPEAL STAMP NO. 19278 OF 2005 FIRST APPEAL STAMP NO. 19278 OF 2005 FIRST APPEAL STAMP NO. 19278 OF 2005 The Board of Trustees of the Port of Bombay ..Appellants versus Phiroze F. Lakdawala ..Respondent Mr. R. S. Pai i/b. M/s. Mulla & Mulla for the Appellants. Mr. V. Narayanan for the Respondent. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. CORAM : D. G. DESHPANDE,J. DATE : 12TH SEPTEMBER,2005 DATE : 12TH SEPTEMBER,2005 DATE : 12TH SEPTEMBER,2005 P.C. : P.C. : P.C. : 1. Heard Counsel for the appellants and the respondent. 2. This is an application for condonation of delay of 288 days. It is opposed by the Respondent. However, counsel for the respondent agrees that they have withdrawn the amount deposited by the Appellants and leave the matter to the discretion of :2: the court. 3. Looking to the facts and circumstances, the delay is condoned subject to payment of cost of Rs.1,000/- (Rupees One Thousand). Cost to be paid within two weeks from today. Payment of cost condition precedent. Civil Application is disposed of. 4. Put up matter for admission after two weeks. 12.9.2005 (D.G. DESHPANDE, J.)