1 C.A.NO.10838 /2008. IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD. CIVIL APPLICAION NO.10838 OF 2008 IN SECOND APPEAL STAMP NO.20566 OF 2008. State Bank of India, Jalgaon. ...Applicant. VERSUS 1. Ananda Shamrao Mahajan and others. ...Respondents. ... Mr.S.A.Kulkarni, Advocate for the applicant. Mr.S.H.Tripathi, Advocate for respondent No.1. ... CORAM: A.V.NIRGUDE,J. Date : 24th August, 2009. COURT’S ORDER: 1. Heard. 2. This application seeks condonation of delay of 242 days in filing of the Second Appeal. The appellant is Banking Company, the State Bank of India. The decree i.e. Being challenged is a 2 C.A.NO.10838 /2008. money decree of Rs.50,000/- plus interest of 9% per annum from the date of the filing of the suit. The Bank admitted that they took time to decide as to whether the appeal should be filed. They admitted that before taking such decision, the matter was placed before various Officers of the Bank who ultimately decided to file this appeal. The bank was aware that limitation for filing of this appeal was of three months. Despite of this, they took almost eight more months for deciding the question as to whether the appeal should be filed. This clearly shows that the bank Officers, who were to take the decision neglected their duty. There is no explanation in the application as to at what stage the file stopped and decision was delayed. None the less, the question involved is rather ticklish and that the bank is not likely to get any benefit by lodging the appeal late. 3. The respondent No.1, opposed the application by filing say. 4. I think substantial justice and technical consideration are pitted against each other in this application. I would rather prefer the substantial justice. However, the bank must be put to terms while condoning the delay. 5. The application is allowed as prayed for. The 3 C.A.NO.10838 /2008. Bank shall pay Rs.5,000/-( Rs.Five Thousand only) as costs to the respondent No.1. 6. Appeal be fixed for admission on 2nd September, 2009. (A.V.NIRGUDE,J.) lkp