1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAZ NO. 267 OF 2009 in LPA ST. NO. 2711/2009 IN WP NO. 899/ 2001 (Milind Sadhuji Orke Anr. vs. Industrial Court, Nagpur & Ors.) 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 & F.M. REIS, JJ. AUGUST 31, 2009. Heard Shri Parsodkar, learned counsel for the applicants and Shri Jagtap, learned counsel for the respondents No. 3 & 4. The prayer is to condone delay of 42 days in filing Letters Patent Appeal. The impugned judgment of learned Single Judge is dated 17.11.2008. The limitation thereafter expired on 17.12.2008. The application has been filed on 11.2.2009. The period from 17.12.2008 till 11.2.2009, therefore, needs to be explained. Appellant No.1 stated that he was unwell after 17.11.2008 up to 4.2.2009. This is being countered by pointing out that he has performed his duties from 17.11.2008 till 25.11.2008. Appellant No.2 has pointed out that as appellant No.1 was unwell, appellant No.2 was called for performing his duties. 2 The period is prior to 17.12.2008, it is not relevant for consideration. Ill-health of Respondent No.1 after 17.12.2008 and up to 4.2.2009 does not seem to be in dispute. In relation to appellant No.2, it is mentioned that he had gone out of station on account of some death in the family and, therefore, was not available. In these circumstances, as we do not find any malafides on the part of the applicants, we condone the delay, however, the same shall be subject to payment of cost of Rs.740/- by the applicants to Respondent No.2 by 20th September 2009. If the costs are so paid, the office to register LPA and place it for further consideration. JUDGE JUDGE *GS.