wp8428.09.sxw 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 8428 OF 2009 Ms. Madhuri Hindurao Marathe ....Petitioner. Vs. Sant Dnyaneshwar Shikshan Sanstha & Ors. ....Respondent. Mr. N.V. Bandiwadekar for the Petitioner. Mr. R.V. Sankpal for Respondent Nos. 1 and 2. Mr. A.P. Vanarase, AGP for Respondent No. 3. Mr. S.N. Gawade for Respondent No.4. CORAM : ANOOP V. MOHTA, J. DATE : 15th April, 2010 P.C.:- 1 The Petitioner is a teacher. Her Application for condonation of delay was rejected on 4th September, 2009. 2 Considering the averments made and as there is delay of 89 days, I see there is no reason, not to give opportunity to contest the matter to the Petitioner. There is no denial to the reason for not filing the Appeal within a period as explained and as provided in the Writ Petition, that itself in my view is sufficient to grant opportunity to the Petitioner to contest the matter. wp8428.09.sxw 2 3 Therefore, in the interest of justice, the impugned order dated 4th September, 2009, is quashed and set aside. 4 The main appeal be listed/ proceeded accordingly before the Tribunal. 5 The Petition is accordingly allowed. No order as to costs. (ANOOP V. MOHTA, J.)