1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.11311 OF 2009 IN CIVIL APPLICATION STAMP NO.17894 OF 2007 IN WRIT PETITION NO.5892 OF 2004 Bapu s/o Ramdas Kamdja ... APPLICANT VERSUS The State of Maharashtra & anr. ... RESPONDENTS ..... Shri A.D. Pawar, Advocate for the applicant Shri D.V. Tele, A.G.P. for R.No.1. Shri Manoj Shelke, Advocate holding for Shri M.K. Goyanka, Advocate for R.No.2. ..... CORAM : SHRIHARI P. DAVARE, J. DATED : 25th November, 2009. ORAL ORDER : 1. Rule. Rule made returnable forthwith and heard finally by consent of parties. 2. The applicant (original petitioner) has preferred the present application for condonation of delay of 413 days in filing the application for restoration of Writ Petition No. 2 5892/2004, which came to be dismissed for default on 12.6.2006. 3. The applicant (original petitioner) submits that he had filed Writ Petition No.5892/2004 challenging the order dated 19.8.2003 rendered by learned Industrial Court in Revision Application No.69/2001. The applicant further submits that, he has preferred the application for restoration, but delay of 413 days has been caused therein. It has been explained in paragraph no.2 of the present application and, therefore, the applicant requested that the present application be allowed. 4. Leanred counsel appearing for respondents opposed the present application vehemently and submitted that the present application bears no substance and same is devoid of any merits and, therefore, same be rejected. 5. Considering the averments in the present application and also considering the rival contentions of the parties, it appears that the applicant (original petitioner) has explained the delay in paragraph Nos.2 and 3 of the present application satisfactorily. It also appears that the said delay is not willful, intentional and deliberate and same is required to be condoned in the interest of justice by allowing the present application. 3 6. In the result, present application is allowed in terms of prayer clause (B) thereof and delay of 413 days caused in filing the application for restoration of Writ Petition No. 5892/2004 stands condoned and present application stands disposed of. Rule made absolute in above terms. (SHRIHARI P. DAVARE, J.) fmp/ca11311.09