1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.353 OF 2009 IN LETTERS PATENT APPEAL (STAMP) NO.11995 OF 2008 IN WRIT PETITION NO.1003 OF 1996 Parke-Davis (I) Ltd. .. Appellants Vs. Shri Suresh R. Kandu And Anr. .. Respondents Mr.Ajit Kapadia a/w Mr.G.S.Shetty i/b M/s.Chitnis and Co. for the appellants Ms.Pallavi Dedhia i/b M/s.Sanjay Udeshi & Co. for the respondents CORAM : J. N. Patel, Acting C.J. & B.R.Gavai, J. DATE : January 6, 2010 P.C. : 1. Heard. 2. The learned counsel for the appellants submits that he may be permitted to delete prayer clause (a) of the application. 3. Leave granted. 4. Necessary amendment be carried out forthwith. 2 5. This application has been filed to permit the appellants to deposit the cost of Rs.5,000/- which was the condition precedent as per order dt.06.03.2009 passed by this court while allowing the application for condonation of delay. 6. The learned counsel appearing for the appellants states that it was due to misunderstanding that the appellants could not tender the amount of cost in cash to the respondents. It is stated that the amount was drawn by cheque which was refused by the advocate for the respondents. 7. The learned counsel appearing for the respondents submits that even this application for permission to deposit the amount is filed after a period granted by this court has expired. Therefore, such an application should not be considered. 8. In our view, once the court has condoned the delay though it was subject to payment of cost, taking into consideration the peculiar facts and circumstances, particularly when the respondents were not willing to accept the cost when tendered by cheque, we are inclined to allow the application by compensating the respondents by increasing the amount of cost to Rs. 5,000/- each instead of Rs.2,500/-. 9. The learned counsel for the appellants submits that he has brought the cost in cash i.e. sum of Rs.10,000/- which is paid to the counsel for the 3 respondents. The counsel for the respondents has accepted the receipt of sum of Rs.10,000/-. Therefore, the application is allowed. Office is directed to register the L.P.A. and list the same for admission within two weeks. Civil Application stands disposed of accordingly. (ACTING CHIEF JUSTICE) (B.R.GAVAI, J)