1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CIVIL APPLICATION NO. 228 /2008 IN FIRST APPEAL (st) NO. 19453 / 2007 (State Bank of India vs. Shri Bhupati Jeshiram Rude and another ) ------------------------------------------------------------------------------------------- Office Notes, Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders and Registrar's order Mr V M Gadkari, Adv.for appellant/applicant Mr V N Morande,Adv.for Respondent no.2 Coram : A.P.BHANGALE, J. Dated : 18 th November, 2009 1. Heard. By this application, the applicant prays for condonation of delay of 134 days on the ground that Branch of the applicant/appellant is situated at Gadchiroli; whereas Head office of the appellant is at Mumbai. After obtaining certified copy of the judgment and decree sought to be impugned, the same was sent to Head Office at Mumbai for opinion and further action that may be decided in the matter. It was necessary to obtain legal advise apart from legal opinion in the matter to file appeal, challenging the impugned judgment and decree which was passed on 16.11.2007. Under these circumstances, the delay that has occurred is neither deliberate nor intentional and if application is rejected, the Bank will suffer huge financial loss in view of the decree sought to be impugned. 2 2. Learned Advocate for the respondent no. 2 opposed the application tooth and nail and contended that conduct of the appellant would show that it did not care to serve the respondent no.1 and allowed the order of dismissal against respondent no.1; while the delay that has occurred, is indeed inordinate. 3. I have taken into consideration the submissions at the Bar as also contentions in the application. I think ,in the interest of justice, in view of the decree sought to be impugned by the appellant, the delay may be condoned, subject to payments of costs of Rs. 1,000/- to be deposited or paid in this Court within four weeks. Costs shall be condition precedent. The Respondent No.2 shall be allowed to withdraw the amount after cost is deposited. However, if the cost is not deposited, the application shall be treated as dismissed. Civil Application is disposed of accordingly. JUDGE. sahare