:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6325 OF 1996 The Municipal Corporation of the City of Pune ..Petitioner Vs. M/s.Mahavir Trading Company ..Respondent Mr. R.G. Ketkar for petitioner. Mr. S.G. Surana for respondent. CORAM: CORAM: CORAM: B.H. B.H. B.H. MARLAPALLE, J. MARLAPALLE, J. MARLAPALLE, J. Date Date Date : : : April 22, 2008. April 22, 2008. April 22, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Ketkar the learned counsel for the Corporation. 2. Rule. 3. Mr. Surana waives service for the respondent. 4. The petition impugns the order passed by the learned 9th Additional District Judge at Pune on 18/4/1996 thereby rejecting the application for :2: condonation of delay in filing the appeal and, therefore, the petition is taken up for final hearing forthwith and more so because the petition is waiting for the last more than 12 years for admission. 5. The Corporation’s appeal was seeking to impugn the order dated 4/2/1993. The application for certified true copy of the said order was submitted on 5/2/1993 and the certified copy was received on 5/3/1993. Thus, there was delay of about 25 days in filing the appeal. The learned Judge of the Lower Appellate Court was not satisfied that the Corporation made out good and sufficient reasons to condone the delay. 6. It appears that the Corporation did not set out elaborately the internal procedural requirements to obtain sanction etc. and the learned Judge stated that if the procedure was required to be followed, the same could have been expedited. The approach of the Lower Appellate Court appears to be hyper-technical. The appellant is a public body and the delay caused of 25 days in filing the appeal could not be termed to be so unreasonable as to throw the appeal without being :3: considered on merits. I am satisfied that the application for condonation of delay was required to be allowed but by imposing costs. 7. Hence, the petition succeeds and the same is hereby allowed. The impugned order dated 18/4/1996 is quashed and set aside and Misc. Civil Application No. 332 of 1993 stands allowed. The Corporation shall remit an amount of Rs.1000/- by way of costs with the Lower Appellate Court within four weeks from today. The appeal be registered and be decided as per law as expeditiously as possible and preferably before 31st October, 2008. 8. Rule is made absolute accordingly. (B.H. (B.H. (B.H. Marlapalle,J.) Marlapalle,J.) Marlapalle,J.)