1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Civil Application No.3333 of 2009 in First Appeal St. No.14475 of 2009 (IND Synergy Ltd. vs. The Chairman/MD of Allahabad Bank and anr.) _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. Mr.A.S.Kulkarni, Adv. for applicant. Mr.K.K.Pillai, Adv. for respondents. CORAM : B.P.DHARMADHIKARI & A.P.BHANGALE, JJ. DATED : AUGUST 29, 2011. Heard. The prayer is to condone delay of 40 days in filing the First Appeal u/s. 96 of the Code of Civil Procedure. The suit filed by the applicant for recovery of amount of Rs.1,86,46,516.48 ps. has been dismissed. The reasons given is because of busy schedule and as the Deputy Legal Manager was pre-occupied. Mr.K.K.Pillai, Adv. for respondents is strongly opposing the prayer for condonation of delay. He states that the applicant before this Court is a well organized institution and hence, the reason given that its Officer were busy and were 2 pre-occupied cannot be a just and sufficient reason. The suit was filed for recovery of amount from bank and that suit has been dismissed. Mr.Pillai, Adv. states that the credit facility was extended to the applicant and that amount is also returned back by him. However, we find that there are no allegations of any malafides or oblique motive and hence, it cannot be said that some ulterior purpose has prompted the applicant to file suit of such a nature. As we do not see any malafide in the present matter, we condone the delay subject to payment of costs of Rs.25,000/- by the applicant to respondent no.2 within a period of four weeks from today. If costs are so received, Office shall register the First Appeal and place it for further appropriate consideration on 26.9.2011. JUDGE JUDGE jais