-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 776 OF 2009 IN APPEAL (LODGING) NO. 119 OF 2009 IN CHAMBER SUMMONS NO. 774 OF 2008 IN EXECUTION APPLICATION NOL. 124 OF 2008 IN EX-PARTE AWARD DATED 13TH FEBRUARY 2009 Paresh Choudhary ).. Appellant Versus Mahesh Advanie ).. Respondent Ms. Sunita Tiwari for the Appellant. Mr. Hakim Salim A. for the Respondent. CORAM : SWATANTER KUMAR, C.J. & S.C. DHARMADHIKAR, J. DATED : 6TH APRIL 2009 P.C. This is an application for condonation of 210 days in filing the present Appeal. We have heard the learned Counsel appearing for the parties. According to the learned Counsel appearing for the Applicant, the affidavit in support of the Notice of Motion clearly states sufficient cause for condonation of delay. It is averred that there were two Suits filed whereafter the Applicant had agreed for refernce to Sole -2- Arbitration. The Applicant had attended the preliminary meeting held before the Sole Arbitrator along with his earlier Counsel. Thereafter the Counsel could not pursue the matter before the Arbitrator and the Applicant came to know about the passing of the ex-parte award dated 13th February 2008 only on 7th May 2008 when the Respondent came to attach the premises and thereafter the present Appeal was filed. 2. However, according to the learned Counsel appearing for the Non-Applicant, the averments are not factually correct and the Applicant has failed to show any sufficient cause. 3. Having heard the learned Counsel appearing for the parties as well as perusing the affidavit in support of the Notice of Motion, we are of the considered view that sufficient cause has been shown by the Applicant for condonation of delay though there is some negligence on the part of the Applicant. The Applicant by taking due care and caution, could have avoided this delay and filed the Appeal in time but that is a ground for which non-Applicant can be compensated by awarding costs. Consequently, Notice of Motion is made absolute in terms of prayer clause (a). Delay in filing the Appeal is condoned subject to payment of costs of Rs.5,000/- (Rupees Five Thousand only). Payment -3- of costs being a condition precedent to condonation of delay. 4. List the Appeal for hearing on 28th April 2009. CHIEF JUSTICE S.C. DHARMADHIKARI, J.