1 CA 1689/09 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1689 OF 2009 IN FIRST APPEAL (ST) NO. 8933 OF 2009 ­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­­ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Ms. Anita A. Agarwal for the appellant. Mr. Surel S. Shah for respondent nos.1 to 5. CORAM : D.G. KARNIK, J. DATE : 17TH FEBRUARY 2011 P.C. : 1. Heard learned counsel for the appellant and the respondent nos.1 to 4. None present for the respondent no.5 though served. 2. This is an application for condonation of delay. The impugned order was passed on 26th September 2008 and the appeal has been filed on 4th April 2009. The reason given for 2 CA 1689/09 condonation of delay is that the Regional Office of the applicant at Pune sent the papers late under a cover of letter dated 24th August 2009. This indicates that the papers were sent by the Pune Regional Office after 5 months. This shows carelessness on the part of the officers in the Pune Regional Office of the appellant. Further carelessness is seen from the fact that though the affidavit is sworn in on 24th March 2009, the appeal has actually been filed on 4th April 2009, i.e. after a lapse of 10 days. In the circumstances, the delay can be condoned subject to payment of exemplary costs. Hence, I pass the following order: (i) The delay is condoned and the application is allowed in terms of prayer (a) subject to payment of costs of Rs.15000/­ as a condition precedent. Costs shall be deposited in this Court within 4 weeks. Liberty to the respondent nos.1 to 4 to withdraw the costs. 3 CA 1689/09 (ii) In the event the costs are not deposited within 4 weeks, the application shall stand dismissed without further reference to the Court. (iii) The appellant – insurance company shall recover the costs from the concerned officer/s of the Pune Regional Office who are responsible for the delay and reimburse itself. (D.G. KARNIK, J.)