1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR C. A. F. NO. 2852 OF 2010 IN FIRST APPEAL ST. NO. 19037 OF 2010 State of Maharashtra thr Collector Chandrapur Vs. Parvatibai w/o Shankar Randive Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's Orders Shri Bhagde AGP for applicant. Smt Kirti Satpute Adv for non applicant/respondent. CORAM: .R. M. SAVANT J. Dated: 2 nd FEBRUARY, 2011. By the above civil application the applicant seeks condonation of delay of 406 days in filing the appeal. The reasons therefor are mentioned in the civil application in para 1 thereof. The facts in para 1 disclose that there has been some delay in obtaining the administrative approval for filing the Appeal, however, as held by a catena of judgments the State has to be shown some indulgence on account of the fact that there are some administrative delays which takes place in obtaining approvals for filing proceedings. The persons who are responsible, keep on changing, the dictum that a party should be allowed to prosecute its case on merits and not ousted on technicalities would also have to be applied. In my view therefore the reasons mentioned in para 2 of the civil application constitute 2 sufficient cause for condonation of delay of 406 days in filing the appeal. The learned counsel for the respondents opposes the application and questions the said reasons. She also relies upon the judgment of a Division Bench of this Court in 2008(6) Maharashtra Law Journal 239 in the matter of State of Maharashtra and Others Vs. Vithu Kalya Govari and Others. The Division Bench in the said judgment has laid down certain principles and guidelines in the matter of condonation of delay. It is well settled that in matter of condonation of delay the Court has to exercise its discretion considering the facts and circumstances of each case and there can be no straight jacket formula that can be applied. In my view therefore the civil application is required to be allowed and is accordingly allowed. Delay of 406 days in filing the Appeal stands condoned. However interest of justice requires that applicant/appellant should pay costs of Rs. 2000/- to the respondents within a period of 4 weeks from today. Only on deposit of such costs in this Court within a period of 4 weeks from today and the applicant producing receipt for the same, the above First Appeals be numbered. Respondents on such deposit would be entitled to withdraw the said costs. Civil application is accordingly disposed of. C. A. O. No. 183 and 184 of 2011: S. O. to 02.03.2011. JUDGE svk 3 4 5