-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 (IN ITS JURISDICTION UNDER SECTION 10F (IN ITS JURISDICTION UNDER SECTION 10F (IN ITS JURISDICTION UNDER SECTION 10F OF THE COMPANIES ACT, 1956) OF THE COMPANIES ACT, 1956) OF THE COMPANIES ACT, 1956) COMPANY APPLICATION (L) NO.1023 OF 2004 COMPANY APPLICATION (L) NO.1023 OF 2004 COMPANY APPLICATION (L) NO.1023 OF 2004 IN IN IN APPEAL LODGING NO.14 OF 2004 APPEAL LODGING NO.14 OF 2004 APPEAL LODGING NO.14 OF 2004 IN IN IN COMPANY APPLICATIONS NO.125/2004, 141/2004 AND 214/2004 COMPANY APPLICATIONS NO.125/2004, 141/2004 AND 214/2004 COMPANY APPLICATIONS NO.125/2004, 141/2004 AND 214/2004 IN IN IN COMPANYPETITION NO.7 OF 2002 COMPANYPETITION NO.7 OF 2002 COMPANYPETITION NO.7 OF 2002 AND AND AND COMPANY PETITION NO.43 OF 2002. COMPANY PETITION NO.43 OF 2002. COMPANY PETITION NO.43 OF 2002. Anil Kumar Agarwal & ors. .. Applicant vs. Sunil Kumar Agarwal & Ors. .. Respondents. Shri M.S.Doctor with Ameet Hariani & Mrs. Puja Bakshi i/b. Hariani & Co. for Appellant in support. Shri T.N.Subramaniam with P. Jaiswal i/b. Ramesh Saraogi for Respondent Nos.1 and 2. Shri S.H.Parekh i.b. Anoup Khaitan for Respondent No.4 to show cause. CORAM : S.U.KAMDAR, J. CORAM : S.U.KAMDAR, J. CORAM : S.U.KAMDAR, J. DATED : 13th January, 2004. DATED : 13th January, 2004. DATED : 13th January, 2004. -2- P.C. : P.C. : P.C. : 1. Present application is filed for condonation of delay of 56 days. Under the proviso to section 10(F) of the Companies Act, 1956 it is inter alia contemplated that the court is on sufficient cause being shown entitled to condone the delay not exceeding 60 days. In the present case the order is dated 2.7.2004 as well as 13.9.2004. As against the order dated 2.7.2004, admittedly there is no delay. However, there was a review sought of the order dt.2.7.2004 which is decided by an order dt.13.9.2004 in view thereof there is a delay in filing appeal against the original order dt 2.7.2004. In my opinion, sufficient cause is made out for the condonation of delay. 2. Delay condoned. However, the appellant is directed to pay the cost of the applications quantified at Rs.1500/- to the respondent. (S.U.Kamdar, J)