1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, APPELLATE SIDE NAGPUR BENCH, NAGPUR Civil Application No. 4733 of 2005 Akola Tal. Sahakari Shetki Kharedi Vs. Jt. Regional Director E.S.I. Vikri Samiti & Ano. Office Notes, Office Memoranda of Coram, appearances, Court orders or directions and Registrar's orders Court's or Judge's orders Smt. Anjali Joshi Adv. for applicant. Shri V. P. Maldhure Adv. for respondents. CORAM: C. L. PANGARKAR J. Dated: 30 th April, 2008. Heard counsel for the appellant and the respondents. This application for delay condonation has been filed because there has been a delay in preferring first appeal. Appeal is being preferred against the order passed by the Court established under the Employees 2 State Insurance Act. The Court had passed an order in E. S. I. Application No. 1/87 and 2/99. The order was common. Against that order the present respondent has already preferred two first appeals bearing No. 88 and 89 of 2005. It is not disputed that two appeals are admitted by the Court on substantial questions of law. It is stated in the application for condonation of delay that delay occurred because of the fact that upon wrong advise writ petition came to be filed instead of first appeal and time was lost in prosecuting writ petition. Upon realisation of the same mistake it is stated that Writ Petition was withdrawn and this appeal is filed. Learned counsel for the respondent submits that the appellant does not seem to be interested in prosecuting the appeal properly 3 because of the fact that appellant did not get the appeal circulated for a period of 2 years though the same came to be filed in the year 2005. In such circumstances Court must condone the delay. The fact remains that the appeal was filed in the year 2005. It is on account of wrong advise that writ petition was filed at the same time appellant was intending to challenge the order. He was not in that way negligent in not taking the proceedings before the Court at all. In the circumstances I find that the delay in preferring appeal needs to be condoned. Delay is condoned. List the matter for admission on 12.06.08. JUDGE svk