: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1389 OF 2009 IN FIRST APPEAL NO.6282 OF 2009 M/s.Sujata Computers Pvt. Ltd. .. Applicants V/s. M.S. Bidve Engineering College .. Respondent ..... Mr. V.S. Kasle i/by M/s. Ram & Co. for the applicants None for the respondent. ..... CORAM : R.Y. GANOO, J. DATE : 7TH JULY, 2009. P.C. : 1. By this application, the applicants want that delay of 114 days in filing the first appeal be condoned. Absence on the part of the respondent is in favour of the applicant. Paragraph Nos.4 and 5 of the civil application indicate that there has been a delay. According to the applicants, they were not informed about the stage of cross-examination of : 2 : defendant s witness and ultimately the suit was dismissed and they were not informed about the dismissal of the suit. Considering the explanation, a possible case is made out. Absence of respondent, confirms that observation. Hence, the order. ORDER . Civil Application is made absolute in terms of prayer clause (a) with no order as to costs. . Office to process the first appeal. If objections are removed, place it for admission as per procedure. (R.Y. Ganoo, J.)