1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 220 OF 2009 IN MCA ST. NO. 1222/09 IN FA NO. 523 OF 2002 (Tanabai Sitaram Wakode & Ors. vs. State of Maharashtra) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. MARCH 16, 2009. Heard Shri Deshpande, learned counsel for the applicants/ appellants and Shri Yengal, learned AGP for the respondent. Shri Deshpande, learned counsel states that First Appeal was admitted and came to be dismissed as paper book could not be filed within the stipulated time. The fact of dismissal came to notice belatedly and hence there is delay. The prayer for condonation of delay and for restoration is being strongly opposed by the learned AGP. The learned AGP states that the Government cannot be made to suffer for this delay and it is pointed out that the government is required to pay interest @ 15% even for this period of delay. It is apparent that First Appeal was already admitted and hence the statutory liability imposed upon the State Government cannot be the 2 reason to reject the prayer for condonation of delay. There does not appear to be any malafides on the part of the applicants in the matter. The arguments of learned AGP about payment of interest for this period of 740 days can be kept open for consideration at the time of final hearing of the appeal if the equities between the parties is required to be adjusted. Delay is, therefore, condoned. Civil Application is allowed. MCA St. No. 1222 of 2009 is also allowed and the order dated 13.12.2006 disposing of First Appeal is recalled. First Appeal No. 523 of 2002 is restored back to the file. The learned AGP waives notice for the respondent on merits in appeal. Shri Deshpande, learned counsel informs that paper book is prepared and a copy is served upon the learned AGP. The copy be filed with office by 25th March 2009. JUDGE *GS.