-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.368 OF 2009 Gadhinglaj Taluka Sahakari Kukkut Palan Sanstha Limited : Petitioner (Orig.Applicant) V/s. General Secretary, Kolhapur Kamgar Union (Lal Bawata) & Anr. : Respondents (No.1 Orig.Opponent) ... Mr.Shriniwas S. Patwardhan for the petitioner. Mr.M.S.Topkar for respondent no.1. ... CORAM : S.A. BOBDE, J. DATE : FEBRUARY 10, 2009. P.C. 1. Rule, returnable forthwith. Mr.Topkar for the respondent no.1 waives service. Heard by consent. 2. By this petition, the petitioner has challenged the order of the Industrial Court, Kolhapur, refusing to extend time for payment of costs. The learned Industrial Court came to the conclusion that the petitioner failed to -: 2 :- pay costs in spite of having been given sufficient time and reasonable opportunity. The observation made above cannot be faulted with. However, considering that it will deny the petitioner an opportunity of having the matter decided on merits, I consider it appropriate in the interest of justice to set aside the impugned order. The petitioner shall be allowed to pay costs in order to have Misc. Application (ULP) No.1 of 2006 decided on merits, subject to payment of further costs in the sum of Rs.1500/- to the respondent no.1 within a period of two weeks from today. 3. Rule made absolute accordingly. S.A. BOBDE, J.