1 I N THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR LETTERS PATENT APPEAL No. 354 OF 2010 (In WP No.709/10) Proposed Society namely Kalptaru Matsya Sahakari Sanstha Ltd. v. Asstt. Registrar, Co-op. Societies & ors. ------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's and Registrar's orders orders ------------------------------------------------------------------------------------------------------------------- Mr. R.S. Kale h/f Mr. S.K. Tambde Advocate for the appellant. Mrs. Rashi Deshpande, AGP, for Res. 1 & 3. Mr. M.L. Vairagade Advocate for Res. no.2. ..... CORAM: J.P. DEVADHAR & A.B.CHAUDHARI, JJ. DATED : 15 th OCTOBER, _2010. We have heard learned counsel for the appellant. We have also seen the impugned judgment and order dated 26.4.2010 passed in W.P. No.709 of 2010. In para 5 of the impugned judgment and order the learned Single Judge has taken care to see that the rights which are already accrued to the parties or other society should not be divested merely because the appellant has approached the appellate authority with an application for condonation of delay, that too with delay of above one year. We are in full agreement with the finding 2 recorded by the learned Single Judge, since we are of the view that the rights accrued should not be divested because of lethargic attitude of a party. Vigilantibus, et non dormientibus, jura subveniunt. There is no substance in the present letters patent appeal and the same is dismissed. JUDGE JUDGE /TA/ 3