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. CIVIL APPLICATION NO.: 7661 OF 2009 IN L.P.A. [St] NO.: 15604 OF 2009 IN WRIT PETITION NO.: 2066 0F 1996 The Principal,West Khandesh Bhagini Seva Mandal's Arts & Commerce College and another Versus Rajendra Janardhan Baviskar *** 1. Heard learned counsel for the parties. 2. Rule. By consent of the parties, rule is made returnable forthwith and heard finally. 3. The Applicants preferred the present Civil Application for condonation of delay of 85 days in filing the accompanying L.P.A. challenging the order passed in Writ Petition No.2066 of 1996 on 4th April, 2009, by the learned Single Judge of this Court. 4. It is the contention of the applicants that the order passed on 4th April, 2009 was received by the management on 22nd June, 2009 and, thereafter, education department informed the applicants on 13th May, 2009 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. that two persons cannot be appointed on the same post and hence the management has decided to approach this Court by way of L.P.A. It ultimately resulted into delay of 85 days. The learned counsel for the Applicants submits that the said delay is not deliberately, willful and intentional and, therefore, the same be condoned. 5. Learned counsel for the Respondent opposed the application vehemently and submitted that the application bears no substance and same is devoid of any merits and, therefore, same be rejected. 6. After considering the averments in the application and after considering the rival contentions of the parties, it appears that the applicants have explained the delay caused in filing the accompanying L.P.A., in para 2 and 3 of the civil application satisfactorily. More over, delay of 85 days is not willful, deliberate and intentional and hence same is required to be condoned, in the interest of justice. 7. In the result, civil application is allowed in terms of prayer clause (A) and delay of 85 days caused in filing the 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. accompanying L.P.A. stands condoned and rule is made absolute in above terms. No costs. [SHRIHARI P. DAVARE,J.] [S.B.DESHMUKH, J.] Dated:30/11/2009. ans/7661