:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.5837 OF 2007 PETITION NO.5837 OF 2007 PETITION NO.5837 OF 2007 Smt. Manjuben R. Gandhi ..Petitioner V/s Ajay Sahakari Grudha Nirman Society and others ..Respondents. Mr.Mukesh J. Pabari for the petitioner Mr. S.D. Rayrikar, AGP for respondent No.2 CORAM CORAM CORAM : A.A. SAYED, J. : A.A. SAYED, J. : A.A. SAYED, J. DATE DATE DATE : 4TH JUNE, 2008 : 4TH JUNE, 2008 : 4TH JUNE, 2008 P.C. 1. The petitioner has made an application dated 10th April, 2007 for adjournment of one week for the purpose of service of notice of appeal. By the impugned order dated 10th April, 2007 the prayer was rejected and the appeal was dismissed for non service. 2. The explanation of service not being effected is stated in the application, which is that the appellant was under the impression that the notice has already been served through the Court. A reply to the petition has been filed by the Deputy Registrar wherein it is stated that the appellant did :2: not serve the notice upon the respondents for last two dates and that the Court has rightly dismissed the appeal on account of non service of notice. 3. I have perused the impugned order. In my view looking to the facts and circumstances of the case, time ought to have been granted by the appellate authority for affecting service of the appeal and a liberal view ought to have been taken particularly when a substantial right of the appellant is affected, as he would loose a statutory right of appeal on technical grounds. In any event, the delay in service is not such that it should not have been condoned and an opportunity ought to have been given to the appellant to affect service of the Appeal, in view of the explanation given by the appellant that he was under a bonafide impression that the notice is already served. 4. In this view of the matter, the petition is allowed. The impugned order is set aside subject to costs of Rs. 500/- to be paid by the petitioner to the High Court Legal Service Committee within a period of two weeks from today. Payment of costs is :3: condition precedent. The petitioner is directed to affect the service of the appeal on or before 30th June, 2008. 5. The parties to appear before the Appellate Authority on 7th July, 2008. 6. Writ petition is disposed of. ( A.A. SAYED, J.) A.A. SAYED, J.) A.A. SAYED, J.)