IN THE HIGH COURT OF BOMBAY AT GOA FIRST APPEAL NO. 148 OF 2008 M/S. NESTLE INDIA LIMITED THROUGH ATTORNEY SANJAY S. BHANDARI ... Appellant Versus DEPUTY COLLECTOR AND S.D.O. PONDA AND ANR., ... Respondents Mr. Shivan Desai, Advocate for the Appellant. Ms. Susan Linhares, Additional Government Advocate for the Respondents. Coram:- N. A. BRITTO, J. Date:- 23rd January, 2009 P.C.:- Heard. Perused the impugned Order. The contention of the Appellant is that the Appellant's witness was unable to attend the Court on the date the last opportunity was given on account of sickness. It is also submitted that the affidavit in evidence was otherwise kept ready to be produced on that date but was not produced as the witness was absent. A copy of the affidavit and medical certificates have been produced. Considering the facts and circumstances of the case, in my view, an opportunity can be given to the Appellant to produce their evidence in support of their claim for enhancement of compensation Shri Dessai assures that if one date is given the Appellants will be able to complete their evidence. However, considering their past conduct that they did not prosecute the reference diligently but casually, that can be done only on payment of costs. The appeal therefore is hereby allowed and the impugned Order is hereby set aside subject to the payment of costs of Rs.15,000/- which shall be condition precedent for the Appellant to lead evidence before the Reference Court. The costs be paid in the account of Executive Engineer, Division XV, NH, PWD, Ponda, Goa. N. A. BRITTO, J. RD.