1 WP 4732.2011 - [ J ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 4732 OF 2011 Adarsha Mahila Nagari Sahakari Bank Ltd., Aurangabad, N-6, CIDCO, Aurangabad Through its Manager. .... PETITIONER V E R S U S 1. Sow. Sushma W/o Ravindra Joshi R/o : Flat No. 6, Building No. 3, Pardeshi Towers, Shahnoormiya Dargah Road, Aurangabad. 2. Indian Multi Services Plot No. 31, Shivjyoti Colony, N-6, CIDCO, Aurangabad. 3. Raju @ Vinod S/o Motilal Dhoka R/o : Raja Bazar, Aurangabad. 4. Regional office Maharashtra Tourism Development Corporation, M.I.D.C. Railway Station Road, Aurangabad. .... RESPONDENTS Mr. K.J.Suryawanshi, Advocate for the Petitioner. Mr. Chitnis, Advocate for Resp. No. 1. CORAM : S.V. GANGAPURWALA, J. DATE OF JUDGMENT : 27/09/2011 2 WP 4732.2011 - [ J ] ORAL JUDGMENT : 1. Rule. Rule made returnable forthwith. With the consent of the learned counsel for the respective parties, taken up for final hearing. 2. The present respondent no. 1 had filed Complaint before the District Consumer Forum, Aurangabad claiming compensation, so also other reliefs such as no dues certificate, etc. The said Complaint was partly allowed vide its Judgment and Order dated 31/09/2009. The said Judgment was assailed before the State Commission. There was delay in filing the said Appeal. The petitioner also filed an application for condonation of delay. The said application was rejected. Aggrieved thereby, the present petition is filed. 3. Heard Mr. K.J.Suryawanshi, the learned counsel for the petitioner and Mr. Chitnis, the learned counsel for the respondent no. 1, so also Mr. Warma, the learned counsel. 4. Mr. Chitnis, the learned counsel for Respondent no. 1 strenuously contends that the petitioner is guilty of gross delay. The petitioner has not stated any sufficient cause for condonation of delay as after the show cause notice was served to the petitioner in an execution proceedings, thereafter, the petitioner took steps to file the 3 WP 4732.2011 - [ J ] Appeal. Even the certified copy of the Judgment of the District Consumer Forum was received by the petitioner on 09/09/2009. Still almost for six ( 6 ) months, the Appeal was not filed. The reason stated is also erroneous. Even if the reason stated for condonation of delay is to be believed, then still the said reason can not be said to be sufficient cause as it is stated that the wife of the petitioner’s counsel was ill since 2008. If that was the position, the petitioner could have made alternate arrangement. The learned counsel contends that the proceedings are pursuant to the social welfare legislation and in that context, the delay could not have been liberally construed. The learned counsel contends that the State Forum has rightly rejected the application for condonation of delay. 5. It is a trite law that when technical considerations and cause for substantial justice are pitted against each other, the cause for substantial justice shall be sub-served. The delay that has been caused is due to the counsel’s inability in as much the counsel of the petitioner could not file the Appeal within the stipulated period. For the reason of the counsel, the litigant should not suffer. The counsel, who had filed the Appeal, had himself stated the said ground i.e. illness of his wife. The said statement of counsel need not be disbelieved nor there are any circumstances brought on record to disbelieve the said statement. 6. In light of the above, I am inclined to condone the delay. 4 WP 4732.2011 - [ J ] However, the petitioner also deserves to be mulct with the costs. 7. In the result, the impugned order is quashed and set aside on condition that the petitioner pays cost of Rs. 5,000/- [ Rupees Five Thousand only ] to the respondent no. 1 within the period of four ( 4 ) weeks from today i.e. 08/11/2011. If the cost is paid within the stipulated period, the State Commission shall register the Appeal if it otherwise complies with all other requirements. 8. Rule is accordingly made absolute in above terms. [ S.V. GANGAPURWALA, J.] KNP/WP 4732.2011 - [ J ]