IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.298 OF 2009 IN LETTERS PATENT APPEAL (ST.)NO.11940 OF 2009 IN WRIT PETITION NO.9056 OF 2007 D.N. Gaikwad and others. ... Applicants Versus Poona Oxygen & Acctyline Co.(P) Ltd. and others. ... Respondents Mr. Indrajeet Kulkarni for applicants. Mr. Anupam Surve i/by M/s. Haresh Mehta & Co. for respondent No.1. CORAM : ANIL R. DAVE, C. J. & S.C. DHARMADHIKARI, J. DATED : 7TH APRIL, 2010 P.C. The learned advocate appearing for the applicants seeks permission to delete respondent No.6. Permission granted. Respondent No.6 stands deleted. 2. This is an application for condonation of delay. The applicants are workmen who are jobless and, therefore, they could not manage for funds and moreover, after they lost their job, they had gone to their respective hometowns and, therefore, they took some time to meet and take a decision with regards to filing the appeal. In this process, the delay had been caused. It has been submitted that in the interest of justice, delay be condoned. 3. On the other hand, the learned advocate appearing for the respondents has opposed the submissions made on behalf of the applicants. It has been stated that the applicants were possibly aware of the impugned order and they were not out of the town. It has been, therefore, prayed that application be rejected. 4. After hearing the learned advocates and looking to the facts of the case, in our opinion, the delay deserves to be condoned. In the circumstances, in the interest of justice, the delay is condoned. Application stands disposed of accordingly. 5. Letters Patent Appeal to be placed for admission on 19th April, 2010. CHIEF JUSTICE S.C.DHARMADHIKARI, J.