1 caf3207 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3207 OF 2009 IN FIRST APPEAL (ST. ) NO. 18304 OF 2009 Maharashtra State Bureau of Textbook Production through its Director Dr. Vasant Avadhut Kalpande. ... ... Applicant Versus Maharashtra State Co-op. Consumers Federation Ltd. ... ... Respondent. Mr. Milan Desai i/by Shri N. H. Mirashi & Mr. S. S. Vichare for the Applicant. Mr. R. S. Ghadge i/by Mr. A. S. Desai for the Respondent. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 29TH JULY, 2010. P. C. : Heard learned Counsel for the parties. 2. This application is for condoning delay of around 332 days in filing of the appeal. In the application, which was originally filed proper explanation was not offered. By way of indulgence we gave opportunity to the applicant to give proper facts to justify the delay of around 332 days. In view of the said liberty given by the Court, the applicant has filed affidavit of Shri Jadhav Shantaram Yashwant dated 5th July, 2010. The explanation given is that essentially the delay is on account of procedural formalities and also because of the varying legal opinion given to the applicant. Eventually, once the issue was sorted out, the appeal was 2 caf3207 filed promptly. Nevertheless, the delay has occurred in filing of the said appeal. From the dates which are now revealed in the additional affidavit, it is noticed that the impugned order was passed on 17th January, 2008. Immediately on the next date i.e. on 18th January, 2008 certified copy of the said order was applied for. The same was ready on 2nd June, 2008 and received by the advocate on 11th June, 2008. The same was forwarded to the department by the Advocate on 22nd June, 2008. Thereafter the Law Department examined the matter and gave its opinion on 2nd July, 2008. Since the decision was taken to institute appeal against the impugned judgment, the advocate was appointed for that purpose on 30th July, 2008. As aforesaid, after appointment of the advocate, there was difference in opinion regarding payment of court fee, which delayed the process of filing of the appeal. Once that issue was sorted out, the appeal was immediately filed in November, 2009. 3. Suffice it to observe that the delay which has occurred in filing of the appeal cannot be said to be intentional or malafide. The same is bonafide and there is sufficient explanation offered by the applicant. Although the respondent has filed reply affidavit to oppose this application, in our opinion, in the interest of justice the application deserves to be allowed. 4. Hence, the delay in filing appeal is condoned. Appeal be processed further. The civil application is, accordingly, disposed of. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.) 3 caf3207 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3208 OF 2009 IN FIRST APPEAL (ST. ) NO. 18304 OF 2009 Maharashtra State Bureau of Textbook Production through its Director Dr. Vasant Avadhut Kalpande. ... ... Applicant Versus Maharashtra State Co-op. Consumers Federation Ltd. ... ... Respondent. Mr. Milan Desai i/by Shri N. H. Mirashi & Mr. S. S. Vichare for the Applicant. Mr. R. S. Ghadge i/by Mr. A. S. Desai for the Respondent. CORAM : A. M. KHANWILKAR and A. A. SAYED, JJ. DATED : 29TH JULY, 2010. P. C. : Learned Counsel for the applicant submits that this application has been filed under mistaken advise, hence the same be allowed to be withdrawn. Accordingly, the civil application is disposed of as withdrawn. Sd/- Sd/- (A. A. SAYED, J.) (A. M. KHANWILKAR, J.)