spb/- 1 ca100-08.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 100 OF 2008 IN FIRST APPEAL (ST.) NO. 446 OF 2008 New India Assurance Co. Ltd., ... Applicant/Appellant. (Org.Opponent no.2) V/s. Shir Vasant Pandurang Dalvi & Ors. ... Respondents. --- Mr. I.R.Kulkarni for the Applicant/Appellant. Ms. A.R.S.Baxi for the Respondent Nos. 1,2 & 4. ----- CORAM : D. G. KARNIK, J. DATE : 27th JANUARY, 2011. P.C. 1 Heard. 2 This is an application for condonation of delay. Delay is nearly of two years. In my view, the delay is not satisfactorily explained. 3 Original Award is passed by the Motor Accident Tribunal on 22 December, 2005. An application for modification /review was moved by the applicant before the Tribunal after about eight months, alleging that there was some error in computation of the interest. That application was rejected by an order dated 25 April, 2007. 4 The applicant/appellant had filed the present appeal alongwith the application for condonation of delay on 8 January, 2008. Learned counsel spb/- 2 ca100-08.sxw for the applicant submitted that since the applicant had taken out an application for modification of the Award in the Tribunal itself, the applicant was hopeful that the application would be allowed and it would not be required to file an appeal. In my view that is not a sufficient ground for condonation of delay. However, even if it is assumed that this constitutes a ground for delay, the applicant could have waited till his application for modification was decided. Admittedly, the applicant’s application for modification was decided on 25 April, 2007 and the present appeal had been filed on 8 January, 2008. It is not filed within the period of 90 days even from 25th April, 2007. The delay after 25 April, 2007 is not satisfactorily explained and only vague allegations have been made that the cheque was required to be drawn in the name of the Advocate for depositing the court fees. In my view there is no sufficient ground for condonation of delay. 5 The civil application for condonation of delay is rejected. [D.G. KARNIK, J.]