IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 183 OF 2008 IN CIVIL REVISION APPLICATION (ST.) NO. 19318 OF 2008 M/s.Wadi Bunder Cotton Press Co....... ...... ...... Applicants V/s M/s.Byramjee Jeejeebhoy Pvt. Ltd. & Anr....... ...... Respondents. Mr.V.A.Gangal with Mr.Vindu Pandey, Adv. For the applicants. Mr.Thakkar i/by Mr.Jal F. Daruwala, Adv. For respondent No.1. Mr.Parag I. Khandhar i/by M/s.Mulla & Mulla & CBC for respondent No.2. CORAM: R.V. MORE, J. 17th NOVEMBER, 2008. PC: Heard Mr.Gangal, learned senior counsel for the applicants and Mr.Thakkar, Senior counsel for the respondents. Civil application is taken out for condonation of delay of 470 days in filing the civil revision application. 2. The impugned judgment and decree was passed on 1.4.04. The applicants being aggrieved preferred writ petition No.616/06. However same came to be withdrawn on 22.3.07 for want of maintainability and thereafter in the month of August, 2008 present civil revision application is filed. The applicants in paras 8 and 9 of the civil application have averred that two of its senior partners who 1 were looking after the litigation expired on 4.6.06 and 26.2.06 respectively. In addition to this it was also pointed out that respondent No.2 also filed civil revision application challenging the impugned judgment and decree. Though civil revision application was dismissed they have filed Special Leave Petition in the Supreme Court which has been admitted and is pending. 3. Mr.Thakkar, learned senior counsel opposed the application for condonation of delay pointing out that there is lack of bonafide in filing the application. In my considered opinion, in the interest of justice and in view of the fact that the Special Leave Petition filed by respondent No.2 is admitted in the Supreme Court the delay of 470 deserves to be condoned. The hardship and/or prejudice, if any, caused to the respondent No.1, can be compensated by asking the applicants to pay costs. 4. Civil application for condonation of delay is allowed subject to payment of costs to respondent No.1 quantified at Rs.10,000/- to be paid within a period of two weeks. Office is directed to place the matter for admission on Monday, 1.12.2008. Civil application stands disposed of. 17.11.08 (R.V. MORE, J.) 2