1 FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR CAS No. 1037/2010 in Second Appeal St. No. 17218/2010 Sureshkumar s/o Rochiram Jagyasi Vs. Mah. State Electricity Distribution Comp. Ltd. =-=-=---=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=- Mr. Dewani, Advocate for the applicant. CORAM : R.M. SAVANT, J. DATED : 17/2/2011. By the above civil application, the applicant seeks condonation of delay of 486 days in filing the Second Appeal. The reasons therefor are mentioned in the civil application. It is the case of the applicant that he became aware of the decree passed by the Appellate Court on 17.4.2010 when a notice dated 16.4.2010 was served on behalf of the respondents on the applicant. It appears that the applicant had thereafter filed Writ Petition in this Court impugning the said decree. Some time was lost in prosecuting the said Writ Petition. Though the reasons given by the applicant/appellant do not commend to me however considering the well settled dictum that a litigant should be allowed to prosecute his remedy on merits rather than being thrown out on 2 technicalities. In my view, indulgence is required to be shown to the applicant/appellant. The learned counsel for the respondent questions the reasons mentioned in the civil application by the applicant/appellant for seeking condonation of delay. In my view, the interest of justice requires that the said delay of 486 days in filing the Second Appeal be condoned. Resultantly, the civil application is allowed. The delay of 486 days stands condoned. The civil application is disposed of. The applicant/appellant to pay costs of Rs. 3000/- to the respondent within a period of two weeks from date. The costs are a condition precedent and only on the applicant producing evidence of having paid the costs, the office would register the Appeal. If the costs are not paid as mentioned herein above the application would be deemed to have been rejected. JUDGE Ambulkar