1 caf2192-10 rpa FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURSIDICTION CIVIL APPLICATION NO. 2192 OF 2010 IN FIRST APPEAL ST. NO. 10686 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Mr. G. C. Singh for the applicant. Mr. P. J. Thorat i/b. Mr. P. B. Gujar & Mr. Ranjit A. Thorat for respondent No.1. CORAM : A.S.OKA, J. DATE : JULY 6, 2011. P.C.: Heard the learned counsel appearing for the applicant and the learned counsel appearing for the first respondent. The delay in preferring Appeal is of 2 years and 36 days. In support of the delay condonation application, additional affidavit has been filed by the applicant. Applicant has stated that he had entrusted the work of preferring Appeal to an advocate named in the said affidavit. It is stated in the said 2 caf2192-10 affidavit that in March 2008 a Civil Application in the Appeal was affirmed by him. Only in February, 2010, the advocate told the applicant that the Appeal could not be filed as there was a delay. 2. Though the learned counsel appearing for the first respondent has opposed the application, the additional affidavit contains adequate explanation for delay of two years. The case of the applicant is that papers were entrusted to an advocate who did not file the Appeal. Hence, the delay deserves to be condoned subject to payment of costs quantified at Rs.7,500/- payable to the first respondent within a period of six weeks from today. Hence, rule is made absolute on above terms. 3. Delay is condoned. (A.S.OKA, J.)