Mpt CAF No.439/08 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.439 of 2008 IN FIRST APPEAL St.No.2046 of 2008 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.Rahul Mehta i/b KMC Legal Venture for the applicant. Mr.Sandeep Koregaonkar i/b Mr.D.D.Ranaware for respondent no.1. Mr.Balasaheb Deshmukh for respondent nos.2 and 3. CORAM : D.G. KARNIK, J DATE : 27th January 2011 P.C. : 1. Heard learned counsel for the applicant and respondents. 2. For the reasons mentioned in paragraph no.2 of the application, the delay is condoned subject to payment of costs of Rs.10,000/- as a condition precedent. Costs shall be deposited in the court within four weeks. Liberty to the respondent no.1 to withdraw the costs. No costs are awarded to respondent nos.2 and 3 since they are the formal parties. Applicant shall be at liberty to recover the costs from the Officer who is responsible for misplacing the certified copies and/or otherwise responsible for the delay in filing of the appeal. In the event costs are not deposited within four weeks, application shall stand dismissed without further reference to the court. (D.G. KARNIK, J.)