1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2131 OF 2003 CIVIL APPLICATION NO. 2131 OF 2003 CIVIL APPLICATION NO. 2131 OF 2003 IN IN IN FIRST APPEAL ST. NO. 14144 OF 2003 FIRST APPEAL ST. NO. 14144 OF 2003 FIRST APPEAL ST. NO. 14144 OF 2003 The New India Assurance Company Ltd., .. Applicant. vs. Deviben Bhimbhai Solanki & Ors. .. Respondents. Mr. Mayur Joglekar h/f. M/s. Singhania & Co. for Applicant. Mr. Taj Katdare & Ms. Alpha Zaveri for R. Nos. 1 & 2. CORAM: J.N. PATEL & CORAM: J.N. PATEL & CORAM: J.N. PATEL & A.A. SAYED, JJ. A.A. SAYED, JJ. A.A. SAYED, JJ. DATE: 28TH AUGUST 2007. DATE: 28TH AUGUST 2007. DATE: 28TH AUGUST 2007. P.C. . Heard. 2. Though we are not satisfied with the explanation offered by the applicant insurance company for filing the appeal beyond the stipulated period of limitation, still, in order to give fair opportunity to 2 the applicant we are inclined to condone the delay but subject to payment of cost of Rs. 5000/- to be deposited within four weeks. On such cost being deposited, the respondents will be at liberty to withdraw the cost. The applicant may pay the cost directly to the learned counsel for the respondents. The appeal be listed for admission after the cost is paid. (J.N. Patel, J. ) (J.N. Patel, J. ) (J.N. Patel, J. ) (A.A. Sayed, J. ) (A.A. Sayed, J. ) (A.A. Sayed, J. )