: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.631 OF 2009 IN FIRST APPEAL (ST.)NO.2696 OF 2009 Employees State Insurance Corporation ..Applicant V/s. Cambata Aviation Ltd. ..Respondent ..... Mr. P.M. Palshikar for the applicant Mr. Rahul Nerlekar for the respondent ..... CORAM : R.Y. GANOO, J. DATE : 10TH JULY, 2009. P.C. : 1. By consent of advocates, Civil Application for condonation of delay is taken up for hearing. 2. The delay is of 120 days and the delay is explained in para 2 stage-wise. It appears that some more time was taken by the advocate for the appellant to decide whether application should be filed or not. : 2 : That seems to be the primary ground, hence there is a delay of 120 days. In my view, an opportunity is to be given to the Corporation to file the first appeal on merits. Hence, the delay can be condoned by passing following order. ORDER . Civil Application is made absolute in terms of prayer clause (a) and (b). There shall be no order as to costs. . Office to process the appeal, number it and place it for admission as per the normal procedure. (R.Y. Ganoo, J.)