: 1 : vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1420 OF 2009 IN FIRST APPEAL ST. NO.6742 OF 2009 The General Manager, Mahanagar Co-op. Bank Ltd. ... Appellant V/s. Ramgirish Triveni Singh & Anr. ... Respondents Mr.B.G. Vaidya for Appellant Mr.M.P. Tiwari for Respondents CORAM: SMT.NISHITA MHATRE, J. DATED: OCTOBER 5, 2009 P.C.: 1. The civil application has been filed for condoning the delay in presenting the appeal. There is a delay of 61 days. According to the applicant, the delay has occurred because the judgment and the drawn up decree were not applied for at the same time and certified copy of the judgment was received by the applicant on 24.9.2008 whereas the drawn up decree was delivered on 21.11.2008 after the application was made for the same on 7.11.2008. 2. The application is opposed by the respondents who have filed their affidavit. This affidavit does not contain any reason as to why the delay in presenting the appeal should not be condoned. The affidavit is basically on the merits of the : 2 : proceedings. 3. Besides that, the learned advocate for the respondents contends that the delay should not be condoned since it is a malicious application made on behalf of the applicants. This submission is not in any manner substantiated by the respondents in their affidavit. 4. In my view, the applicant has made out a case for condoning the delay as sufficient reasons have been given by the applicant for condoning the same. Accordingly, the civil application is allowed in terms of prayer clause (a). 5. List the appeal for admission on 9.11.2009.