Heard the learned counsels appearing for the parties.

           This is an application for condoning the delay of 942 days in preferring the accompanying appeal. We have perused the statements made in the application. The grounds for delay has been explained in paragraph 4,5, 6 and 7 of the application. Learned counsel appearing for the applicant has submitted that the there is merit in the appeal and therefore, the appeal may be heard on merit and the delay may be condoned by imposing a cost. To the aforesaid prayer of the applicant, learned counsel appearing for the respondent has raised no serious objection.

           In view of above, delay in preferring the appeal is hereby condoned subject to payment of cost of Rs. 5000/-  (Rupees five thousand) to the respondent. Applicant will pay the aforesaid cost of Rs. 5000/- on the next date.

           Misc Case is allowed and disposed of accordingly.