1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAF NO. 132 OF 2009 IN FA ST. NO. 553 OF 2009 (Rajendra Motiramji Solanke vs. Hukamichand Hemraj Khandelwal ) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 16, 2009. Heard Shri Palshikar, learned counsel for the applicant/ appellant and Shri Kanugo, learned counsel for the respondent. The prayer is to condone delay of 609 days in filing first appeal and the reason given is that the earlier advocate though purchased necessary stamp papers and prepared appeal, did not file it. The said advocate is not joined as party respondent and Shri Palshikar, learned counsel is not ready and willing to join that advocate as party respondent without the instructions from his client. Shri Kanugo, learned counsel has filed reply opposing the prayer for condonation of delay and he argues that the respondent cannot be made to suffer for no fault on his part. However, after some arguments, he states that if adequate costs are imposed against the applicant, the Court may 2 consider the question of condonation of delay. In the circumstances, delay is condoned, subject to the applicant paying cost of Rs.3,000/- to the respondent by 15th April 2009. If the costs are so paid, the office to register First Appeal and place it for further consideration. JUDGE *GS.