(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. Civil Application No. 10841 of 2009 (In Letters Patent Appeal Stamp No. 22111/2009, against the order dated 22nd April 2009 in Writ Petition No. 3815 of 1996 ) Maharashtra State Road Transport Corporation, through its Divisional Controller, Aurangabad. .. Applicant. versus Alfred James Gamare, Age : Major, Occupation : Conductor, R/o. H.No. 47-A, Tarakpur, Ahmednagar. .. Respondent. ....................... Mr. B.B. Yenge, Advocate, for the applicant. Mr. S.V. Warad, Advocate, for the respondent. ....................... CORAM : A.P. DESHPANDE & N.D. DESHPANDE, JJ. DATE : 5TH JANUARY 2010 (2) COURT'S ORDER : 1. By the present application, the appellant is seeking condonation of delay of 136 days caused in filing Letters Patent Appeal. 2. The appellant is an instrumentality of the State viz. Maharashtra State Road Transport Corporation, whereas the respondent is an employee. Aggrieved by the judgment and order passed by the learned Single Judge of this court, the Letters Patent Appeal has been filed and while filing the appeal, there has occasioned delay of 136 days. 3. The only reason spelt out in the application is that the head office of the appellant is situated at Mumbai and hence it consumed time to obtain instructions in regard to filing of Letters Patent Appeal. 4. The learned Counsel appearing for the applicant has submitted that the delay is neither intentional nor deliberate. It is then submitted that if delay is not condoned, the same would result in causing miscarriage of justice. 5. Per contra, the learned Counsel appearing for the respondent has relied on the averments made in the affidavit in reply opposing the application. It is submitted that there is no sufficient cause shown for condoning the delay. 6. Having regard to the totality of facts and circumstances, we deem it appropriate to condone the delay of 136 days caused in filing the appeal, however, subject to payment of costs. (3) 7. In the result, the application is allowed, however, subject to payment of costs, by the appellant to the respondent, which are quantified at Rs. 5000/- [Rupees five thousand]. The costs shall be deposited in this court by the appellant, within a period of eight weeks from today. Upon deposit of costs, the respondent shall be entitled to withdraw the same. ( N.D. DESHPANDE ) ( A.P. DESHPANDE ) JUDGE JUDGE ......................... bgp/ca10841