1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.310 OF 2007 IN CIVIL REVISION APPLICATION (ST) NO.17365 OF 2007 M/s.Ganpat Harjivan & anr. ..Applicants V/s Krishnakumar Girdharilal Gupta ..Respondent Mr.K.J.Panicker, Advocate, for the applicants Mr.M.Shukla i/b.M/s.Desai & Diwanji, Advocate, for the respondent CORAM : R.M.SAVANT, J. DATE : 6TH MARCH, 2009 P.C. . By the above Civil Application, the applicant prays for condonation of delay of 325 days in filing the the above Civil Revision Application. It is the case of the applicants that they had earlier filed Writ Petition No.4119 of 2007 which had come up for admission before the learned Single Judge of this Court which was disposed of by Order dated 7th June, 2007, in view of the statutory remedy by way of Civil Revision Application, the learned Judge had therefore, granted the petitioners two weeks time to prefer the Civil Revision Application. 2 The above Civil Revision Application has been preferred by the applicants in August, 2007. Thus, from the date of decree there is a delay of 325 days. 2. It is sought to be contended on behalf of the respondent that the delay has not been properly explained. More so, the delay which has occurred in filing the Civil Revision Application after the learned Single Judge had disposed of Writ Petition No.4119 of 2007 on 7th June, 2007. 3. No doubt that perusal of the averments in the Civil Application do not disclose any justification for the said delay. However, in my view, the fact that the petitioners were earlier prosecuting the remedy by way of the said Writ Petition would have to be considered. The delay after the disposal of the Writ Petition is about two months. 4. It is well settled in the matters of condonation of delay a highly technical and pediantric approach should not be adopted and 3 an approach which furthers the cause of justice be followed. It is likely that if a highly technical approach is followed then in that event a meritorious matter may be nipped in the bud at the delay condonation stage. The prejudice and inconvenience caused to the respondent can be compensated by imposing costs on the applicants. In that view of the matter, the above Civil Application will have to be allowed and is accordingly allowed in terms of prayer clause (a). The interest of justice requires that the applicants to pay costs of Rs.5000/- to the respondents within a period of four weeks from date. It is only on payment of such costs to the respondents within a period of four weeks and production of receipt in support thereof that the Civil Revision Application will be numbered. In the event the costs are not paid within the time stipulated in this Order, the benefit of this order would not enure to the applicants and in that event the above Civil Application would stand dismissed. (R.M.SAVANT, J.) 4