1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 2480 OF 2009 IN FIRST APPEAL STMAP NO. 3464 OF 2009 Vaishali Lahu Gaikwad .. Applicant Versus The Executive Engineer M.S.E.D.C. Ltd. .. Respondent Shri A. Z. Gandhi, Advocate for the Applicant. Shri K. M. Nagarkar, Advocate h/f Shri H. T. Joshi, Advocate the Respondent. CORAM : B. R. GAVAI & N. D. DESHPANDE, JJ. DATE : 22nd July, 2009. ORAL ORDER [ Per B. R. Gavai, J.] : 1. This is an application for condonation of delay. According to office note there is delay of 284 days. 2. Learned counsel for the applicant submits that the delay has occasioned, since the counsel for the applicant was under a bonafide belief that unless and until the decree is available, 2 appeal cannot be preferred. He submits that decree was drawn in the month of December and thereafter appeal is filed. 3. The civil application is supported by an affidavit of the counsel. In that view of the matter, we find that it is on account of bonafide mistake on the part of the counsel of the appellant, the appellant could not file the appeal within limitation. Application is therefore allowed. [ N. D. DESHPANDE, J.] [ B. R. GAVAI, J.] bsb/July 09