1 IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE SIDE SIDE SIDE CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO. 5192 OF 2005 NO. 5192 OF 2005 NO. 5192 OF 2005 IN IN IN FIRST FIRST FIRST APPEAL NO. 1333 OF 2005 APPEAL NO. 1333 OF 2005 APPEAL NO. 1333 OF 2005 NEW NEW NEW LUCKEY BOMBAY TRANSPORT AGENCY LUCKEY BOMBAY TRANSPORT AGENCY LUCKEY BOMBAY TRANSPORT AGENCY ..APPLICANTS ..APPLICANTS ..APPLICANTS VS. VS. VS. PARAS PARAS PARAS TRADERS ..RESPONDENTS TRADERS ..RESPONDENTS TRADERS ..RESPONDENTS MR. MR. MR. AMIT B. BORKAR FOR APPELLANTS AMIT B. BORKAR FOR APPELLANTS AMIT B. BORKAR FOR APPELLANTS MR. MR. MR. V.S.KAPSE FOR RESPONDENTS. V.S.KAPSE FOR RESPONDENTS. V.S.KAPSE FOR RESPONDENTS. CORAM CORAM CORAM : S.K.Shah, J. : S.K.Shah, J. : S.K.Shah, J. DATE DATE DATE : April 9, 2007. : April 9, 2007. : April 9, 2007. P.C. P.C. P.C. 1.1.1. Heard. Heard. Heard. 2.2.2. This This This is an application for condonation of is an application for condonation of is an application for condonation of delay delay delay in furnishing the Bank Guarantee before the in furnishing the Bank Guarantee before the in furnishing the Bank Guarantee before the Trial Trial Trial Court. Court. Court. By Order dated 23rd August, 2005, three By Order dated 23rd August, 2005, three By Order dated 23rd August, 2005, three weeks’ weeks’ weeks’ time was granted for furnishing the Bank time was granted for furnishing the Bank time was granted for furnishing the Bank Guarantee. Guarantee. Guarantee. However, as the Bank Guarantee was not However, as the Bank Guarantee was not However, as the Bank Guarantee was not furnished furnished furnished within that time, the Trial Court refused within that time, the Trial Court refused within that time, the Trial Court refused 2 toto to accepted the Bank Guarantee. accepted the Bank Guarantee. accepted the Bank Guarantee. 3.3.3. For For For the reasons mentioned in the application, the reasons mentioned in the application, the reasons mentioned in the application, the the the application is allowed. The Trial Court shall application is allowed. The Trial Court shall application is allowed. The Trial Court shall accept accept accept the Bank Guarantee, if furnished, within two the Bank Guarantee, if furnished, within two the Bank Guarantee, if furnished, within two weeks weeks weeks from today. from today. from today. 4.4.4. Civil Civil Civil application accordingly disposed of. application accordingly disposed of. application accordingly disposed of. ..... ..... ..... [S.K.Shah, [S.K.Shah, [S.K.Shah, J.] J.] J.]