1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR CA No.7175/2008 in MCA (Restoration) St. No.14693/2008 in CA No. 3877/2008 [Ku. Meena d/o Tukaram Morkhande .vrs. The Presiding Officer, School Tribunal Nagpur and others] ............................................................................................................................................................................................. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's order of directions and Registrar's orders ................................................................................................................................................................... Coram : A.P. Lavande & P.D. Kode, JJ. Dated : 2 nd April, 2009. Heard Mr. A.B. Mirza, learned counsel for the applicant and Mr. Nitin Jachak, learned counsel for non-applicant nos.2 and 3. Mr. Nitin Jachak, learned counsel appearing on behalf of non-applicant nos. 2 and 3 has vehemently opposed the application for condonation of delay on the ground that the applicant has not been diligent right from the time of filing of the Writ Petition and submitted that on several occasions the applications filed by the applicant has been dismissed by this Court. According to Mr. Jachak, the whole attempt of the applicant is to delay the 2 proceeding and, therefore, no case is made out for condoning the delay. He further submitted that in case this Court is inclined to condone the delay, heavy costs be imposed on the applicant. Having heard the learned counsel for the parties and having perused the record and in the interest of justice, we condone the delay of 68 days in filing MCA subject to the applicant paying the costs of Rs.2,500/- to non-applicant nos.2 and 3 within a period of four weeks. In case the costs are not paid, this order shall stand recalled without further reference to the Court. JUDGE JUDGE Gulande