1 rpa IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2538 OF 2008 IN FIRST APPEAL (ST.) NO.11340 OF 2008 Bajranglal N.Aggarwal & Ors. .. Applicants V/s. Khemchand Ramchand Ramchandani & Ors. .. Respondents Mr.N.V.Gangal for the Applicants. Mr.Khemchand Ramchand Ramchandani Respondent No.1 present in person. CORAM: S.J.KATHAWALLA J. DATE : 12 th NOVEMBER, 2009. P.C. This Civil Application is taken out by the Applicants seeking condonation of delay of 35 days in preferring the First Appeal. According to the office the delay is of 107 days. Respondent No.1 is appearing in person and has submitted before the Court that the delay may not be condoned since the Applicants have made an incorrect statement 2 that on 19th March, 2008 “this Court was pleased to permit the Applicants to withdraw the Writ Petition No.9187 of 2007”. It is submitted that the Applicants ought to have mentioned in the Civil Application that the Writ Petition was allowed to be withdrawn with a clarification that all the contentions including limitation are kept open. This fact has been suppressed in the Civil Application. In my view, the particulars of the order passed by this Court allowing withdrawal of the Writ Petition are set out in the Civil Application and the question of any suppression does not arise as alleged by Respondent No.1. In view thereof, the delay is condoned, and the Civil Application is disposed of. 2. Place the First Appeal alongwith Civil Application No. 2533 of 2008 for admission on 1st December, 2009. (S.J.KATHAWALLA J.)