1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4133 OF 2009 Sanjivani Gramin Shikshan Sanstha, Sahajanandnagar, Kopargaon, Dist-Ahmednagar. (Through its Secretary) ...PETITIONER. VERSUS Mr. Dipesh Bhavrao Pardeshi, Hudco Colony, Heola, Dist-Nashik. ...RESPONDENT. ... Mr.Ashok Patil Advocate for Petitioner. Mr.S.R. Barlinge Advocate for Respondent. ... CORAM: K.K. TATED, J. DATE : 30TH SEPTEMBER, 2009. PER COURT : 1. Heard learned counsel for the Petitioner and learned counsel for the Respondent. By this Petition 2 under Articles 226 and 227 of the Constitution of India, the Petitioner challenges the order passed by the Presiding Officer, Pune/ Shivaji University and College Tribunal, Pune in Misc. Application No.4 of 2008 (P) dated 23rd January, 2009, by which the Respondent's application for condonation of 297 days delay in filing application against the order of dismissal dated 26th April, 2007 came to be allowed. 2. At this stage, it is not necessary to give the facts of the present case in detail because the learned counsel for the Petitioner states that before the Tribunal the matter is kept for final hearing. He further pointed out that Respondent's Advocate already concluded his arguments. As the matter is already partly heard by the Tribunal, it is not necessary to interfere with the order dated 25th January, 2009 passed by the Presiding Officer in Misc. Application No.4/2008 (P). In any case the Presiding Officer has recorded reasons for condonation of 297 days delay. Even otherwise it is well settled principle of law that cause should not 3 be defeated on technical grounds. Considering these facts, Writ Petition is dismissed summarily. No order as to the costs. [K.K. TATED, J.] asb/SEPT09/wp4133.09