[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLN. NO.351 OF 2008 IN LPA ST.NO.11995 OF 2008 IN F.A.No.284 OF 1986 Parke-Davis (I) Ltd. ..Appellant/Applicant Ori.Petitioner Vs. Shri.Suresh R.Kandu & Anr. ..Respondents .... Rohan Cama with G.S.Shetty i/b Crawford Bayley for Applicant Ms.Pallavi Dedhia i/b M/s.Sanjay Udeshi & Co. for Respondent .... CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND CORAM: J.N.PATEL AND SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. SMT.V.K.TAHILRAMANI, JJ. DATE : MARCH 6, 2009 DATE : MARCH 6, 2009 DATE : MARCH 6, 2009 P.C. P.C. P.C. 1. Heard the learned counsel for the parties. 2. This application is for condonation of delay caused in preferring Letters Patent Appeal. The delay is about 76 days. It is the contention of the learned counsel for the applicant that the delay has been caused basically for two reasons; firstly, that after the matter was decided, the [-2-] legal opinion was sought in the matter and secondly there were talks of settlement going on. 3. On the other hand, the learned counsel for the Respondents states that no talks of settlement had taken place nor the Respondents are willing to settle the matter. It is further contended that the applicants were prosecuting the proceedings before the Industrial Tribunal and even preferred a Writ Petition challenging the order of the Industrial Tribunal which was also after much delay and it came to be dismissed for default which came to be restored on the payment of costs of Rs.3000/-. It is submitted that the applicants are in the habit of prolonging the proceedings on one pretext or the other. 4. In the rejoinder, Mr.Cama submits that the Supreme Court has in the civil cases, observed that such application should be considered sympathetically. Probably, Mr.Cama is not aware that there are also decisions to the effect that each day delay has to be explained by the parties. In this case, the party was well aware of the decision and they have spent time in taking the [-3-] legal opinion and negotiating settlement which is denied by the otherside. In our view, the application for delay can be allowed to give a fair opportunity to the applicants to prosecute their appeal but subject to costs which we quantify at Rs.5,000/- i.e. Rs.2500/- to be paid to each Respondent. Costs to be paid within two weeks. Failure on the part of applicants to pay costs, would result into dismissal of this application. 5. Letters Patent Appeal be listed for hearing in due course. 6. Application is disposed of. [J.N.PATEL, J.] [J.N.PATEL, J.] [J.N.PATEL, J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.] [SMT.V.K.TAHILRAMANI,J.]