1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.213 OF 2008 IN L.P.A. (STAMP) NO.2693 OF 2008 IN WRIT PETITION NO.4662 OF 2007 Shree Sainath Mitra Mandal through its office bearer Naresh H. Desai and Ors. .. Applicants Vs. Dattatray Vasant Pathare and Ors. .. Respondents Mr.D.R.Shah for the applicants Ms.H.D.Pathare i/b Mr.C.T.Chandratre for the respondents CORAM : J. N. Patel, Acting C.J. & S.C.Dharmadhikari, J. DATE : June 21, 2010 P.C. : 1. Heard. 2. The applicants have tendered the medical case papers of Mr.Rakesh Desai, the office bearer of the appellant trust in order to justify the delay of 106 days in filing the letters patent appeal. The same is taken on record and marked X for identification. ‘ ’ 3. Though we are not in a position to understand as to what other members 2 of the applicants were doing in the matter when Mr.Rakesh Desai was not keeping well and why it was left to the discretion of Mr.Rakesh Desai to prefer the appeal. 4. We are inclined to condone the delay as an exception considering that the appellant is a trust. Such negligence should be avoided in future as it reflects on the Management Committee of the Trust. Delay is condoned. 5. Civil Application is disposed of accordingly. Appeal be registered in due course. ACTING CHIEF JUSTICE S.C. DHARMADHIKARI, J