1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CA NO. 2254 OF 2005 IN FIRST APPEAL ST. NO. 5793 OF 2005 (M/s. Manilal Transport (P) Ltd. vs. M/s. Trident Steel Ltd. & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. JANUARY 06, 2009. Heard Shri Sharma, learned counsel for the appellant/ applicant. The prayer is to condone delay of 41 days in filing appeal under Section 96 of Civil Procedure Code. The reason given is that the father of person competent to file appeal on behalf of the applicant was hospitalized and was serious and hence he was not available at Nagpur. It is mentioned that hence the affidavit in support of Memo of Appeal could not be sworn and appeal could not be presented. Though the respondents are served, nobody appears for the respondents. It is pointed out that the respondents were also not present before the trial Court and they were proceeded ex parte. The averment of hospitalization is supported by Medical Certificate which shows that for some time the deponent himself was unwell. The perusal of memo of appeal shows that as a 2 matter of fact, it is supported by the affidavit. In the circumstances, delay of 41 days is condoned, subject to payment of cost of Rs.1,000/- by the appellant to High Court Legal Services Sub- Committee, Nagpur, by 28.1.2009. If the costs are so deposited, office to register First Appeal and to proceed further in accordance with law. JUDGE *GS.