- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7375 OF 2007 Yagyanarayan Ramnaresh Yadav. ...Petitioner VS. 1.The Municipal Corporation of Greater Mumbai & another. ...Respondents --- Mr.Jagdish Chomal, for Petitioner. Mr.Bhor, for Respondents-BMC. CORAM: D.K.DESHMUKH, J. CORAM: D.K.DESHMUKH, J. CORAM: D.K.DESHMUKH, J. DATED: 25th January,2008. DATED: 25th January,2008. DATED: 25th January,2008. P.C. P.C. P.C.: 1. Rule returnable forthwith. Heard finally by consent of parties. 2. By this petition, the petitioner challenges the order passed by the Additional Chief Judge, Small Causes Court, Bombay, declining to condone delay in filing appeal against the assessment order. The delay is of 75 days. 3. I have heard the learned Counsel appearing for both the sides. In my opinion, though the reason - 2 - given in the application for condonation of delay cannot be exactly termed as sufficient because in view of willingness of the petitioner to pay sufficient cost, the delay deserves to be condoned. he petitioner has expressed his willingness to pay Rs.5000/- as cost. In my opinion, the following order would meet the ends of justice:- . The order dated 8.8.2007 passed by the Additional Chief Judge, Small Causes Court, Mumbai, in Miscellaneous notice no.40 of 2006 is set aside. That notice is granted. Delay in filing the appeal is condoned. The Small Causes Court is directed to hear and dispose of the appeal in accordance with law. This will be subject to payment of Rs.5000/- as cost. The cost shall be paid by the petitioner to the respondent no.1-Corporation within a period of two weeks from today. Rule is made absolute accordingly. ---