1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4128 OF 2008 IN FIRST APPEAL NO. 950 OF 1999 Khatijabai Babu Tambe since deceased through L.rs. 1. Bashir Babu Tambe & ors........Applicants versus Godrej & Boyce Manufacturing Co.Ltd. & anr. ........ Respondents. Mr. M.V.Holamangi adv. for the Applicants Mr. M.G. Gawade adv. for the respondent no.1. Mr.J.J. Xavier adv.for respondent no.2. CORAM: A. P. DESHPANDE, J. DATED : 31st MARCH, 2009. P.C.: 1. Heard. The appeal has been dismissed by an order dated 20-8-2002 for non payment of bhatta charges and for failure to take steps to procure the record and proceedings from the trial court. The inaction on the part of the appellant in not complying with the order dated 7-8-2002 has resulted in dismissal of the appeal by the impugned order. By the present application, the appellant is seeking restoration of the appeal after setting aside the order dated 20-8-2002. There is a delay in filing the present application and the delay has been explained by contending that instead of moving an application for setting aside the order dated 20-8-2002 the appellant chose to file LPA before 2 the Division Bench in the year 2002 itself without any loss of time. The Division Bench ultimately dismissed the appeal by order dated 23rd July 2008 on the ground that the appeal was not maintainable in view of the provisions of section 100-A of CPC. After dismissal of the appeal as not maintainable the present application has been filed. The learned counsel for the respondent has opposed the application by contending that there is inordinate delay in moving the present application. However,as pointed out hereinabove as the appellant was prosecuting proceedings before a wrong forum by preferring LPA before the Division Bench questioning the legality and validity of the order dated 20-8-2002, the delay deserves to be condoned. A litigant prosecuting the cause before a wrong forum is a good ground to condone the delay having regard to the provisions of section 14 of the Limitation Act. In the interest of justice, I deem it appropriate to set aside the order dated 20-8- 2008. The application is thus allowed. Delay in filing the application is condoned. Appeal stands restored to file by setting aside the order dated 20-8-2002. List the appeal for admission in due course. The learned counsel for the appellant/applicant undertakes to remove the objections within two weeks from today. (A. P. DESHPANDE, J.)