PDP FARAD CONTINUATION SHEET APPELLATE SIDE Civil Application No. 3842 of 2008 In First Appeal Stamp No. 12469 of 2008 ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda Court's or Judge's orders of Coram, appearance, Court's orders or directions and Registrar's orders ------------------------------------------------------------------------------------------------------- Mr. Sudhir Prabhu for applicant. Mr. Abhijit P. Sohani for respondent no.1. Smt. G.P. Mulekar, AGP for respondent no.2. CORAM: B.H.MARLAPALLE &. S.J.VAZIFDAR,JJ. June 30, 2009. P.C. Heard Mr. Prabhu the learned counsel for the applicant-Corporation. The respondent no.1 has filed affidavit-in-reply and opposed this application for condonation of delay. First Appeal under Stamp No. 12469 of 2008 has been filed beyond time by 221 days. It is submitted by the applicant that the award passed by the Reference Court on 30/6/2007 was for the first time made known to the applicant-Corporation by its Advocate on 13/11/2007 and thereafter certified true copy was received on 13/12/2007. This appeal has been filed on 6/5/2008. The learned counsel for the respondentno.1 submitted that the delay caused has not been explained by the applicant and the applicant has come out with reasons which do not justify condonation of delay. It is further stated that the distance between the court premises and the Corpoation building is so close that it is unbelievable to have knowledge of the award for the first time on 13/11/2007. After having heard the learned counsel for both the parties and perusal of the affidavit-in-reply opposing the application, we are satisifed that the delay caused in filing the appeal deserves to be condoned. Hence, the application is allowed in terms of prayer clause (a). List the appeal for admission on 17/7/2009. (S.J.VAZIFDAR,J.) (B.H.MARLAPALLE,J.)