1 wp3764.10.sxw ast IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3764 OF 2010 The Administrative Officer/Chief Officer Sangli, Municipal Council Prathamik Shikshan Mandal, Sangli & ors. ..Petitioners. Vs. Miss. Suman Hindurao Parit. ..Respondent. Mr. G.H.Keluskar, advocate for petitioners. Mr. Amit Sale, advocate for Respondent. CORAM : B.R.GAVAI, J. DATE : MARCH 10, 2011. P.C. 1. Heard learned Counsel for the parties. 2 By the present Petition, the Petitioner challenges the order dated 5 th March, 2010 vide which the application filed by the present Petitioners for condoning delay in filing appeal came to be rejected. 2 wp3764.10.sxw 3 The learned Counsel appearing for the Petitioners submits that since the delay was only of 50 days, the learned Appellate Court ought to have condoned the delay in the interest of justice. 4 The learned Counsel appearing on behalf of the Respondent opposes the Petition. The jurisdiction of the learned Appellate Court of condoning delay under section 5 of the Limitation Act is a discretionary jurisdiction. Unless it is found that the discretion exercised is in perverse manner, it would not be appropriate to interfere with the discretionary order passed by the lower Court. The learned Appellate Court has found that it was contended on behalf of the Petitioners that the delay is only of 10 days, but as a matter of fact, it was of 50 days. No doubt that in case of Government, Semi­Government and Public Body, somewhat lenient view is required to be taken. However, that does not absolve the said body for making out case of “sufficient cause” for condonation of delay. Except a bald statement that time was taken in complying procedures, no details, as to why delay of 50 days has occurred in filing the appeal, are given in the application. In that view of the matter, no case for 3 wp3764.10.sxw interference in the extraordinary discretion requiring jurisdiction under 226 of the Constitution of India. Petition is therefore, dismissed. [ B.R.GAVAI, J ]