1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. CA 9331/2009 IN LPA [St] 18939/2009 CA 9333/2009 IN LPA [St] 18941/2009 CA 9335/2009 IN LPA [St] 18944/2009 CA 9337/2009 IN LPA [St] 18947/2009 1. Heard learned counsel for the parties. 2. Rule. By consent of the parties, the applications are heard for final disposal. 3. The Applicant/ original Appellant has preferred the present applications for condonation of delay of 41 days caused in filing Letters Patent Appeal, challenging the order passed by learned Single Bench of this Court dated 18th June, 2009. 4. The applicant contends that the Advocate for the Applicant was not well, at the time of disposal of writ petition on 18th June, 2009 and thereafter the residential premises of the Advocate was required to be shifted from Shirdi to Aurangabad and during the said process the aforesaid writ petition was misplaced and could not be located. The Advocate for the Applicant searched the file but could not locate the same, which resulted into delay of 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. 41 days in filing the letters patent appeal. 5. Learned A.G.P. vehemently opposed the applications and submitted that the applicant has not given account for delay on day to day basis and further submitted that the there is no substance in the application and the same is devoid of merit and, therefore, the same be rejected. 6. Considering the averments in the present application and also considering the rival contentions, it appears that the Applicant has explained the reasons for the delay caused in filing the letters patent appeal, in para 2 of the application. It also appears that the applicant has explained the delay satisfactorily. Moreover, it also appears that the delay occurred in filing the letters patent appeal is not willful, deliberate and intentional and same appears to be bonafide and certainly it is not inordinate. 5. In the circumstances, present application deserves to be allowed and the same stand allowed in terms of prayer clause (B) thereof and delay of 41 days caused in filing 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions Court’s or Judge’s orders. and Registrar’s orders. letters patent appeals stands condoned. 7. Registry to register the Letters Patent Appeals. 8. Rule is made absolute in above terms. [SHRIHARI P. DAVARE,J.] [S.B.DESHMUKH, J.] Dated:09/11/2009. ans/9331