pvr ca399-lpa287 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.399 OF 2011 IN LETTERS PATENT APPEAL NO.287 OF 2011 IN WRIT PETITION NO.2060 OF 2011 1.The President/Chairman,Siddhivinayak Shikshan Prasarak Mandal & Anr. ...Appellants vs. 1.Shri.Dilip Sukhdeo Patil & Ors. ...Respondents --- Mr.A.G.Kothari i/b. Shaikh Nasir Masih & Associates, for Appellants. Mr.Rajesh Jadhav i/b. Ms.Ujwala Waghela, for Respondents. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 20th October,2011. P.C.:- Heard. Civil application is granted in terms of prayer clause (a). The civil application is disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.) pvr ca399-lpa287 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LETTERS PATENT APPEAL NO.287 OF 2011 IN WRIT PETITION NO.2060 OF 2011 1.The President/Chairman,Siddhivinayak Shikshan Prasarak Mandal & Anr. ...Appellants vs. 1.Shri.Dilip Sukhdeo Patil & Ors. ...Respondents --- Mr.A.G.Kothari i/b. Shaikh Nasir Masih & Associates, for Appellants. Mr.Rajesh Jadhav i/b. Ms.Ujwala Waghela, for Respondents. --- CORAM: D.K.DESHMUKH & ANOOP V. MOHTA, JJ. DATED: 20th October,2011. P.C.:- 1. Not on board. Taken on board. By consent of parties, heard for admission. Heard the learned Counsel appearing for petitioners. By the order impugned in this appeal, the learned Single Judge has set aside the order passed by the School Tribunal declining to condone delay in filing the appeal before the School Tribunal. The pvr ca399-lpa287 - 2 - consequence of the order of the learned Single Judge is that the appeal of the respondents before the School Tribunal will be heard on merit. In our opinion, it will not be appropriate for us to interfere with the order of the learned Single Judge. However, we clarify that though the learned Single Judge has observed that the management has not given clear date of the order of the termination, the case of the management was that they have not terminated the services of the respondent, but the respondent has abandoned the services. The School Tribunal therefore, while hearing the appeal, shall consider the defence put up by the management without being influenced by anything said in the order which is impugned in the appeal. The appeal is disposed of. (D.K.DESHMUKH, J.) (ANOOP V.MOHTA, J.)