:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2036 OF 2008 WRIT PETITION NO. 2036 OF 2008 WRIT PETITION NO. 2036 OF 2008 M/s. Ware’s Educational Trust & Anr. ..Petitioners versus Sunita S. Shinde & Anr. ..Respondents Mr. S. J. Panicker with Bhavika S. Kawle for Petitioners. Mr. Anant Narayan for the Respondent No. 1. Ms. S. Shridhan for Respondent No. 2. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. CORAM : S. A. BOBDE, J. DATE : 16TH SEPTEMBER, 2008. DATE : 16TH SEPTEMBER, 2008. DATE : 16TH SEPTEMBER, 2008. P.C. P.C. P.C. . Rule, returnable forthwith. Heard by consent. 2. The petitioners have challenged the Order allowing respondent No. 1’s application for condonation of delay. The respondent No. 1 filed an application for condonation of delay on 1.8.2007. Admittedly, the appeal was filed on 30.8.2007. It is obvious from the above that there could have been no explanation for the sufficient cause for delay in :2: filing the appeal for the period after the application for condonation was already filed. Without noticing this discrepancy which shows that for the entire period after the application for condonation of delay was filed and till the appeal was filed, the Tribunal has condoned the delay on the ground that it is a technical mistake on the part of the applicant. There is no question of any technicality involved. A litigant is bound to explain the existence of a sufficient cause for the entire period by which the proceeding has been delayed. 3. In the circumstances, the order suffers from an error of law apparent on the face of the record. The Order is therefore set aside. Respondent No. 1 is at liberty to prefer a fresh application for condonation of delay for the entire period upto the date of actual filing of the Appeal. The Tribunal shall consider application on merits. All contentions are kept open. 4. Rule disposed of in the above terms. :3: (S. A. BOBDE, J.) (S. A. BOBDE, J.) (S. A. BOBDE, J.)