1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 5988 OF 2008 IN FIRST APPEAL (ST.)NO. 28156 OF 2008 M/s. Shri Mahalaxmi Construction Corporation ....Applicant Versus State of Maharashtra & Ors. ....Respondents Mr. V. Bobde i/b Mr. Y. R. Shah for the Applicant. Mrs. S. V. Sonavane for Respondent Nos. 1, 4 & 5. Mr. Vijay Patil for Respondent Nos. 2 & 3. CORAM : P. B. MAJMUDAR & R. V. MORE, JJ. DATED : 8th SEPTEMBER, 2009. P.C.: Heard learned Advocates for the respective parties. Considering the facts and circumstances of the case as well as the fact that the real issue can be tried on merit, the delay occurred in filing the First Appeal is condoned. The Civil Application is accordingly, allowed. There shall be no order as to cost. Sd/- Sd/- (R. V. MORE, J.) (P. B. MAJMUDAR, J.)