This order adjudicates a civil application seeking condonation of a 910-day delay in filing the first appeal. The court condoned the delay on the condition that the applicant pays Rs. 5,000 as costs to the respondent.
Rule made absolute subject to payment of costs of Rs. 5,000 to the respondent within six weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FARAD CONTINUATION SHEET
CIVIL APPLICATION NO.5875 OF 2005
IN
FIRST APPEAL ST.NO.22704 OF 2005
.............................................................
Office Notes,Office
memorandum of Coram,
appearances,Court’s
orders or directions
& Registrar’s orders.
Court’s or
Judge’s orders
CORAM: A.S.OKA, J.
DATED: JULY 19, 2006.
P.C.:
1. Heard Advocate for the Applicant and
Advocate for the Respondent. Perused the
Affidavit-in-reply.
2. Application is strongly opposed by the
Advocate for the Respondent. In paragraph
Nos.5 and 6, the Applicant has assigned
reasons for delay of 910 days. Though the
delay is of more than 900 days, it cannot
be said that there is any negligence on
the part of the Applicant. Even if delay
is condoned, prejudice which will be
caused to the Respondent can be
compensated by ordering payment of costs.
3. Hence, Rule is made absolute in terms
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of prayer clause (a) subject to the
condition of the Applicant paying costs of
Rs.5,000/- to the Respondent within a
period of six weeks from today. Payment
of costs will be a condition precedent.
Deposit of the amount of Rs.5,000/- in
this court will be treated as sufficient
compliance of this order.
Judge.
2 issues framed by the court
Whether to condone a delay of 910 days in filing the second appeal and if so, what conditions to impose.
Whether the prejudice to the respondent can be compensated by ordering the payment of costs.
Applicant
Respondent
A.S.Oka
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court