1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.1081 OF 2010 IN FIRST APPEAL ST.NO. 29228 OF 2009 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders CORAM : P.R. BORKAR.J. DATED : 05.04.2010 Mr. A.S. Bajaj, Advocate present for the applicant. Mr. M.S. Patil, Advocate not present. On his behalf, Mr. N.D. Kendre, Advocate present for respondent No.1. Mr. S.N. Kendre, A.G.P. present for respondent No.2. 2. Mr. N.D. Kendre, Advocate states that he has no file. In fact, this matter was earlier called out and it is kept back. At that time also, the Advocate of respondent No.1 Mr. M.S. Patil was not present. Not being 2 satisfied with the reasons given for not arguing the matter, I have considered the application on merit. 3. The reason given for the delay of 502 days by the Advocate is that after panel Advocate was requested to file appeal on obtaining sanction, he gave letter for providing necessary Court Fees of Rs.13,000/- and other expenses. That communication was lost by the office and subsequently, the transfer of earlier Junior Engineer, new incumbent realized that the appeal has not been filed and then he contacted the Advocate, arranged for fees and then appeal is filed. Public money is involved. The reason itself speaks that there was some malafide intention on the part of the some officials from the applicant-Corporation, otherwise, there was no reason for loss of letter. 3 4. In order to protect the public money, this application is allowed. Delay is condoned. First Appeal to be registered. [P.R. BORKAR,J.] sut/APR10/ca1081.10