WP/8559/2010 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8559 OF 2010 Manohar Bhimrao Sangar ... Petitioner V/s. Shri Swami Vivekanand Shikshan Sanstha, Kolhapur & Ors. ... Respondents Mr. Prashant S. Bhavake for the Petitioner. Mr. P.D. Dalvi for Respondent Nos.1 and 2. CORAM : SMT. NISHITA MHATRE, J. DATE : 11 TH FEBRUARY, 2011. P.C. : 1. The Writ Petition has been preferred against the order of the School Tribunal, Pune dated 12th August, 2010 passed below Exhibit­19 in Miscellaneous Civil Application No.2 of 2010 by which the application for condoning the delay in preferring the Appeal has been dismissed. The petitioner has stated in his application that he was unwell and was suffering from hyper tension and several other illnesses. He was under medical treatment and, therefore, was unable to prefer the Appeal within the period of limitation. He had annexed medical certificates which indicated that since September, 2009 he was advised rest because he was suffering from hyper tension. The delay is of 138 days. WP/8559/2010 2 2. This Petition has been vehemently opposed by Mr. Dalvi, the learned Advocate, appearing for the respondent­Institution. 3. In my opinion, the applicant, i.e. the petitioner herein, had explained the delay sufficiently and the delay ought to have been condoned since the petitioner had made out good reasons for not being able to prefer the Appeal within the period of limitation. Delaying the filing of the Appeal has not enured to the benefit of the petitioner, nor was he gained any advantage over the respondent­ Institution. 4. The Writ Petition is allowed. 5. The application for condoning the delay is allowed. The delay is condoned. 6. Appeal to be registered and numbered immediately.