spb/- 1 ca 4266-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 4266 OF 2010 IN FIRST APPEAL (ST.) NO. 28393 OF 2010 The New India Assurance Co. Ltd., ... Applicants/Appellants. V/s. 1 Sajidakhatun Mehboob Khan & Ors. ... Respondents. --- Mr. Sandeep S. Jinsiwale for the Applicants/Appellants. Mr. Sachin Punde for the Respondent Nos.1 to 7. ----- CORAM : D. G. KARNIK, J. DATE : 28th JANUARY, 2011. P.C. 1 Heard learned counsel for the applicants/appellants and the learned counsel for the respondent nos. 1 to 7, who are original claimants. None present for the respondent no.8, though served. 2 This is an application for condonation of delay of 125 days in filing of an appeal. The only ground urged by the learned counsel for the applicants for condonation of delay is that the original proceedings arose before the Motor Accident Claims Tribunal at Nasik and papers were required to be sent to Mumbai office for the purpose of getting approval for filing of an appeal. When asked whether there is a difference in the procedure for filing of an appeal in respect of the different claims spb/- 2 ca 4266-10.sxw petitions arising from Nasik, the learned counsel submitted that there is no difference. If so the time that would be required for filing of an appeal arising from every decision of the Motor Accident Claims at Nasik would be the same in respect of all the matters. If in respect of every appeal arising from Nasik the applicant is required to take 125 days more than the time prescribed for limitation then there is something wrong in the procedure of the applicant/appellant. The procedure must be streamlined to ensure that the appeals are filed in time. However, taking into consideration the fact that the applicant is a government organization, the civil application is allowed and the delay is condoned subject to the costs of Rs. 12,500/- as a condition precedent. The costs shall be deposited in this court within a period of four weeks. In the event the costs are not deposited, the application shall stand dismissed. 3 Liberty to the respondents to withdraw the costs, if deposited. 4 The appellants company shall recover the costs from the officer/officers who are responsible for the delay in filing of the appeal. [D.G. KARNIK, J.]