1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 464 OF 2010 IN FIRST APPEAL (Stamp) NO. 25259 OF 2009 M/s.The New India Assurance Co. Ltd. ... ...Applicant/Appellant Versus Shri Somnath Niranjappa Patil & Anr. ... ...Respondents. Mr. Yadav Bhargavan i/by M/s. R. Bhargavan for the Applicant/Appellant. Mr. Amol A. Deshpande for the Respondents. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 7TH JUNE, 2010. P. C.: Heard learned Counsel for the parties. 2. For the reasons mentioned in the application, in our opinion, being the sufficient cause, in the interest of justice, the application deserves to be allowed in terms of prayer clause (a) considering the fact that the delay is only of 73 days. Order accordingly. 3. As per the office noting, the appellant has failed to give intimation regarding deposit of amount in the trial court. Learned Counsel for the appellant on instruction states that the said requirement has been complied with but the intimation thereof could not be given because of the court vacation. The 2 appellant/applicant to provide proof regarding deposit within four days from today, failing which this order will stand recalled. As a consequence thereof, the application for condonation of delay as well as the appeal shall stand dismissed for non­prosecution without any further reference to the Court. 4. Subject to above, the interim protection given to the applicant/appellant in terms of order dated 11th February, 2010 shall stand revived and would continue till the appeal is placed for admission. Sd/­ Sd/­ (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)