1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CIVIL APPLICATION NO.7431 OF 2010 IN FAST NO.12808 OF 2010. WITH C.A.No.7434 of 2010 IN FAST NO.12813 OF 2010. WITH C.A.NO.7437 OF 2010 IN FAST NO.12818 OF 2010 WITH C.A.NO.7440 OF 2010 IN FAST NO.12822 OF 2010 WITH C.A.NO.7443 OF 2010 IN FAST NO.12858 OF 2010 WITH C.A.NO.7446 OF 2010 IN FAST NO.12792 OF 2010 WITH C.A.NO.7449 OF 2010 IN FAST NO.12796 OF 2010 WITH C.A.NO.7452 OF 2010 IN FAST NO.12803 OF 2010 WITH C.A.NO.7455 OF 2010 IN FAST NO.12787 OF 2010 WITH C.A.NO.7458 OF 2010 IN FAST NO.12826 OF 2010 WITH C.A.NO.7461 OF 2010 IN FAST NO.12561 OF 2010 WITH C.A.NO.7464 OF2010 IN FAST NO.12834 OF 2010 WITH C.A.NO.7467 OF 2010 IN FAST NO.12838 OF 2010 WITH C.A.NO.7470 OF 2010 IN FAST NO.12848 OF 2010 WITH C.A.NO.7473 OF 2010 IN FAST NO.12842 OF 2010 WITH C.A.NO.7476 OF 2010 IN FAST NO.12830 OF 2010 _______________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | _______________________|_______________________________________ CORAM : S.V.GANGAPURWALA,J. Date : 23.11.2010. 1. These are Civil Applications for condonation of delay of about 1035 days in filing the First Appeals against the impugned judgment and award passed by the Reference Court. 2. Mr.Shinde, Mr.Halkunde, learned counsels for the Respondents/claimants strenuously contend that no sufficient cause has been depicted. The expression "sufficient cause" can not be totally erased from the statute book. The Corporation can not be given privilege treatment as against private litigants. For the said purpose, has relied on the judgment of the Apex Court in the case of "Pundlik Jalam Patil (D) by L.Rs. Vs. Exe. Eng. Jalgaon Medium Project and another" reported in 2008 (6) Bom. C.R. 513. 3. The applicant is a Corporation. Before the Reference Court the present applicant was not a party but Executive Engineer, Minor Irrigation Division was made party who was represented by a Government Pleader. The Corporation has its own panel of lawyers. Because of the fact that the Corporation was not added as a party, the Corporation could not get knowledge of the award passed by the Reference Court and it was only in the month of November 2007, it got the knowledge about the judgment and award. Thereafter, they had applied for the certified copy, sought the legal opinion. Time was consumed in the said process and thereafter, the appeals were filed. 4. It is a trite law that when technical considerations and cause for substantial justice are pitted against each other, the cause for substantial justice should prevail. No doubt, the Corporation can not get a privileged treatment but at the same time the facts on record does not depict gross negligence on the part of the Corporation. Initially they did not have the knowledge of the judgment and award and thereafter after seeking legal opinion, they had filed the appeals. The time lost in the process has been explained. 5. In light of the above, the delay is condoned. The Civil Applications are allowed. 6. Place the First Appeals for admission. (S.V.GANGAPURWALA,J.) Dt.23.11.2010. asp/office/Ca7431.10