AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.2560 OF 2007 IN CUSTOMS APPEAL (LODGING) NO.63 OF 2007 The Commissioner of Customs (Export), Mumbai. .... Appellant Vs. Mr. P.D. Manjrekar & Ors. .... Respondents Ms. S.V. Bharucha with Mr. R.C. Master for the appellant. Mr. S.N. Kantawala with Mr. Vinod Kothari i/b Apex Law Partners for respondent 1. CORAM : SMT. RANJANA DESAI & DR. D.Y. CHANDRACHUD, JJ. DATED : 10TH JULY, 2008. P.C.:- 1. This is a notice of motion praying for condonation of delay. There is 124 days' delay in filing the appeal. 2. We have heard learned counsel appearing for the appellant AJN 2 and learned counsel appearing for respondent 1. 3. Learned counsel for respondent 1 has strenuously opposed condonation of delay. In our opinion, the explanation offered in the affidavit in support of the notice of motion is reasonable and acceptable. The delay needs to be condoned after saddling the appellant with costs. Hence, delay is condoned subject to the appellant paying costs quantified at Rs.1,000/- to respondent 1. Costs should be paid to respondent 1 within four weeks from today i.e. on or before 7/8/2008. Needless to say that the payment of costs is condition precedent to condonation of delay. Notice of motion is disposed of. [SMT. RANJANA DESAI, J.] [DR. D.Y. CHANDRACHUD, J.]