0102caf1811.10.odt 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR C.A.F.NO.1811 OF 2010 IN F.A.ST.NO.8704 OF 2010. V.I.D.C. Through its Executive Engineer ..vs.. Surajmal Ramanand Roda (dead) through L.Rs.Nandkishor Surajmal Roda and ors. ............................................................................................................................................................... Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ............................................................................................................................................................... Mr.A.B.Patil Adv. for the appellant. Mr.A.V.Bhide, Adv. for the respondents. CORAM : R.M.SAVANT, J. DATED : 1st February, 2011. By the above civil application, the applicant/appellant seeks condonation of delay of 205 days in filing the appeal. The reason why the delay has occasioned is mentioned in paragraph no.2 of the civil application. The reason that can be culled out is that due to administrative difficulty the said appeal could not be filed as there was some delay in obtaining the court fees. On behalf of the respondents/claimants, reply has been filed questioning the said reason. In my view, prima faice the said reason does not commend to me. However, considering that some indulgence is required to be shown to the Governmental authorities and also considering the well settled dictum that a party should be allowed to contest the case on merits and should not be thrown out on technicalities, the said civil application is required to be allowed and it is accordingly allowed. Resultantly, the delay of 205 days in filing the appeal stands 0102caf1811.10.odt 2 condoned. However, interest of justice requires that the respondents be compensated for the inconvenience that has been caused. The applicant/appellant to pay costs of Rs. 1000/- (Rs.one thousand only) to the respondents within a period of four weeks from date. On appellant/applicant’s producing acknowledgment of payment of such costs, office to register the appeal. The Civil application is accordingly disposed of. JUDGE chute