1 caf1762 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.1762 OF 2010 IN FIRST APPEAL ST.NO.3652 OF 2010 Omprakash R.Jhunjhunwala ...Applicant vs. Suresh M.Madhavdas & Ors. ...Respondents Mr.D.D.Madan, Sr.Counsel with Mr.Atul Dagar, Ms Jyoti Ghag and Rizwi Naser i/b M/s.Thakore Jariwala & Associates for the applicant Ms Gauri Jadhav for the respondent nos.1,6 and 8 CORAM : A.S.OKA,J. DATE : APRIL 19,2011 P.C.: 1 This is an application for condonation of delay of 1064 days in preferring an appeal against order dated 5th March 2007 passed by the learned Joint Charity Commissioner. The draft amendment is tendered on record. Amendment is allowed. 2 Against the impugned order dated 5th March 2007, the applicant preferred an application before the learned Charity Commissioner. The said application was dismissed on 28th June 2007. Being aggrieved by the said order, the applicant preferred First Appeal no.1604 of 2009. On 6th January 2010, the applicant was permitted to withdraw the said appeal with liberty to challenge the original order passed by the Joint Charity Commissioner on 5th March 2007. Accordingly, the present appeal has been filed on 9th February 2010. The learned senior counsel for the applicant submitted that in view of the wrong proceedings adopted by the applicant on legal advice, the delay 2 caf1762 deserves to be condoned. 3 The learned counsel for the respondent nos.1,6 and 8 submitted that there is a gross delay in challenging the order dated 5th March 2007. She submitted that even there was delay in preferring First Appeal no.1604 of 2009. She stated that the prayer for condonation of delay was opposed by the contesting respondents. Her submission is that no case is made out for condonation of delay. 4 Perusal of the application shows that the order impugned was immediately challenged by the applicant by filing an application before the Charity Commissioner. The application before the Charity Commissioner was dismissed as not maintainable and the said order was challenged by the applicant by preferring First Appeal no.1604 of 2009. On 6th January 2010, the appelicant was permitted to withdraw the said appeal with liberty to challenge the original order dated 5th March 2007. Within a period of one month from passing of the said order in First Appeal no.1604 of 2009, the present appeal has been preferred. Thus, it is apparent that the applicant had adopted wrong proceedings for challenging the impugned order. In the circumstances, the delay deserves to be condoned as sufficient cause is made out. However, considering the length of the delay, the applicant will have to pay costs. The amount of costs is quantified at Rs.15,000/-. Accordingly, rule is made absolute in terms of prayer clause (a). The applicant shall pay costs of Rs.15,000/- to the respondent nos.1,6 and 8 within a period of four months from today. Payment of costs will be a condition precedent. JUDGE