1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Writ Petition No.4041 of 2006 Shri Dilip Vishnu Lahamge Petitioner Vs. Shri Sinner Vyapari Sahakari Bank Ltd. & ors. Respondents Mr.Shivajirao Masal for petitioner. CORAM: B.H.MARLAPALLE,J. July 11, 2006. P.C. . Heard Mr.Masal, the learned counsel for the petitioner who suffered an Award passed by the Co-operative Court for the recovery of an amount of Rs.2,38,598/- with interest at the rate 19 per cent from 1/4/2005. This award dated 22/11/2005 was sought to be challenged in an appeal before the Maharashtra State Co-operative Appellate Court but belatedly and, therefore, the petitioner filed Misc. Application No.17 of 2006 for condonation of delay. . No doubt there was a delay of 38 days in filing the appeal but the learned President of the lower Appellate Court while condoning the delay has directed to deposit an amount of Rs.1,20,000/- which is 50 per cent of the principal amount and not interest. 2 . This discretionary order passed by the learned President of the lower Appellate Court is an equitable order and calls for no interference in a writ petition under Article 227 of the Constitution. The petition is rejected summarily. (B.H.MARLAPALLE,J.)