FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO. 7843 OF 2009 IN FIRST APPEAL (ST.) NO. 13787 OF 2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ This application is taken out by the applicant for condonation of delay of 143 days, caused in filing the appeal. In the application, it is set out that the impugned judgment and award is passed on 15.11.2008. Application for certified copy was made on 1.12.2008. Certified copy was delivered on 9.2.2009. It is the case of the applicant that after getting certified copy, the case was referred to legal opinion, as regards further proceedings. After obtaining legal opinion, xerox copy of the judgment and decree was given to the advocate at Aurangabad for filing appeal, in the month of April, 2009 and the learned advocate drafted the appeal in April, 2009. However, in the meantime, the certified copies were misplaced and therefore, again an application for certified copy was made on 15.6.2009 and after obtaining certified copy on 16.6.2009, present appeal is filed. It was therefore, submitted that delay occasioned is purely unintentional and not deliberate. On the other hand, learned counsel for the respondent submitted that the applicant has not made out sufficient cause for condoning the delay. It is not clear from the record that the earlier an application was made for certified copies on 1.12.2008 and the certified copies were received on 9.2.2009. He therefore, submitted that the application deserves to be dismissed. I have heard learned counsel for the parties and after perusal of the record, it is evident that initially application made for certified copy on 1.12.2008 and the certified copy was delivered on 9.2.2009, this fact can be established from the copy of the judgment, which is at page 12 of the appeal memo. In view of this, in my opinion, the applicant has made out sufficient cause for condoning the delay. In the interest of justice, application is allowed in terms of prayer clause "A", with no order as to costs. (R.G. KETKAR, J.) Date:16.11.2009. rlj/