:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO. 3466 OF 2004 WRIT PETITION NO. 3466 OF 2004 WRIT PETITION NO. 3466 OF 2004. -------------------------------------------------------- Office Notes, Office Court’s or Judge’s orders Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders -------------------------------------------------------- Mr. G. S. Godbole for the petitioners. CORAM : H.L. GOKHALE, J. CORAM : H.L. GOKHALE, J. CORAM : H.L. GOKHALE, J. DATE : 28TH JUNE, 2006 DATE : 28TH JUNE, 2006 DATE : 28TH JUNE, 2006 P.C. . Heard Mr. Godbole in support of this petition. The respondents are served. Affidavit of service is filed, still nobody is present. The order was passed on 28th April, 2006, that the petition will be disposed of at the admission stage. The petitioner challenges the order passed by the Court of Small Causes rejecting the application for condonation of delay against the fixation of rateable value by the Municipal Corporation. It appears that :2: there was delay of about 6 months. It is sought to be explained by the petitioner that the petitioner is a Cooperative Society having large number of members. The sanction of the society for engaging of advocate is obtained. The Advocate concerned was also not well. These are factors, which occur in all such matters, from time to time. So long as there is no deliberate intention in approaching the Court belatedly and so long as it is explained as plausible one the Court is expected to consider it and if necessary by awarding necessary cost. For these reasons alone the order rejecting the application is set aside. The application for condonation of delay is granted. The appeal will stand restored on the file of Court of Small Cause. That will be subject to the payment of costs of Rs. 3000/- to the Municipal Corporation. The costs be paid within two weeks. Appeal be taken up for consideration after 4 weeks. :3: ( H.L GOKHALE, J.)