IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION FARAD FARAD FARAD CONTINUNATION SHEET CONTINUNATION SHEET CONTINUNATION SHEET CIVIL CIVIL CIVIL APPLICATION NO.1573 OF 2007 APPLICATION NO.1573 OF 2007 APPLICATION NO.1573 OF 2007 IN IN IN FIRST FIRST FIRST APPEAL NO.5099 OF 2007 APPEAL NO.5099 OF 2007 APPEAL NO.5099 OF 2007 ............................................................. ............................................................. ............................................................. Office Notes,Office Office Notes,Office Office Notes,Office memorandum of Coram, memorandum of Coram, memorandum of Coram, appearances,Court’s appearances,Court’s appearances,Court’s Court’s Court’s Court’s or or or orders or directions orders or directions orders or directions Judge’s Judge’s Judge’s orders orders orders & Registrar’s orders. & Registrar’s orders. & Registrar’s orders. ............................................................. ............................................................. ............................................................. Ms Shama Ghotekar for the Applicant Mr.T.J.Mendon for Respondent Nos.1 to 3. CORAM: CORAM: CORAM: A.S.OKA, J. A.S.OKA, J. A.S.OKA, J. DATE DATE DATE : SEPTEMBER 28,2007. : SEPTEMBER 28,2007. : SEPTEMBER 28,2007. P.C.: P.C.: P.C.: 1. Heard Advocate for the Applicant and the Advocate for Respondent Nos.1 to 3. The delay is of 366 days. The learned Advocate for Respondent Nos.1 to 3 opposed the application by pointing out that there is no explanation for such a long delay of 366 days. 2. It is true that there is no elaborate explanation for delay in the application. However, it is stated that the certified copy was received on 20-1-2006 and the file of the case was missing. Considering the facts and circumstances of the case, delay deserves to be condoned subject to payment of heavy costs. Hence, rule is made absolute in terms of prayer clause (a) subject to the applicant paying costs of Rs.3000/- to the Respondent Nos.1 to 3 within a period of four weeks from today. Payment of costs will be a condition precedent. The deposit of amount of costs in this court will be treated as sufficient compliance with this order. JUDGE JUDGE JUDGE