ORAL ORDER

Per – Hon’ble Mr. S. R. Khanzode, Presiding Judicial Member

          Heard Adv. Umesh Mangave on behalf of the Applicant/Appellant and Adv. L. K. Jadhav on behalf of the Non-Applicant/Respondents on the application for condonation of delay.

[2]     First Appeal bearing No.871 of 2012 is filed alongwith this application seeking condonation of delay of 39 days in filing the appeal.  Reasons stated for condonation of delay are that after receipt of copy of the impugned order on 16/6/2012, the Applicant/Appellant Society had to convey a meeting which was conveyed on 12/8/2012 and in the said meeting a decision was taken to file an appeal against the impugned order.  Thereafter, the Managing Committee of the Applicant/Appellant approached the advocate to file an appeal and subsequently, the draft of appeal memo and affidavits were finalized on 21/8/2012 and thereafter present appeal alongwith delay condonation application was filed on 24/8/2012.  These facts remain uncontroverted.  We find that delay is neither intentional nor any malafides can be attributed to the Applicant/Appellant.  Furthermore, we find that the Applicant/Appellant is a cooperative society which is bound by law and accordingly, its Managing Committee had immediately taken prompt steps for filing the appeal after receipt of copy of impugned order and there are no latches/lapses as such on the part of the Applicant/Appellant.  Under the circumstances, the delay in filing the appeal being unintentional, we find that the same is satisfactorily explained.  We hold accordingly and pass the following order:-

ORDER

Miscellaneous Application No.304 of 2012 seeking condonation of delay in filing First Appeal No.871 of 2012 is hereby allowed.  Consequently, the delay in filing appeal stands condoned.

Parties to bear their own costs.

Pronounced and dictated on 04^th December, 2012