1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1803 OF 2009 IN CRIMINAL APPEAL No. of 2009 WITH CRIMINAL APPLICATION NO.1804 OF 2009 IN CRIMINAL APPEAL NO. OF 2009 Employees State Insurance Corporation .. Applicant. vs. M/s Deccan Express Transport Co.Pvt. Ltd & Ors. ..Respondents. Mr.P.B. Palshikar Advocate for the applicant. Mr.U.V.Nikam, A.P.P. ,for the State. CORAM: : A.R. JOSHI,J. DATE : JULY 6th , 2009. P.C.:- Heard the learned Advocate for the applicant on both the delay condonation applications. There is delay of 313 days and 334 days respectively in preferring the appeals along with leave petitions. Appeals are against the acquittal of Respondent Nos. 1 to 3 in the matter of offence punishable under Section 85 (a) of the Employees State Insurance Act, 1948. Though Respondent Nos. 1 to 2 3 are served, none for them present. However, this Court has gone through the merits of the applications after hearing the arguments on behalf of the applicants. It appears that the impugned order came to be passed on 28th December, 2007. However, certified copies were applied belatedly after about 19 days and those were made ready by 16th January, 2008 and collected on 30th January, 2008. They were given to Bombay office of the applicant E.S.I. Corporation. Reportedly, advise of the Advocate on record was sought. With his opinion, requested papers were forwarded to the Advocate who has to prefer appeal against such acquittal and said papers were given on 13th March, 2008. Reportedly, Advocate drafted the appeal memo and sent for consideration to the Deputy Director (Legal) of E.S.I.Corporation on 20.6.2008 and approval was received on 4th August, 2008. All the chronological events are mentioned in para 2 of the applications for condonation of delay. Apart from such chronology, apparently, there is no explanation as to why at each stage such late action occurred. It is also curious to note that verification of the applications for condonation of delay was done in the Registry on 16th October, 2008. However, actual filing occurred on 20.2.2009 and 10.2.2009, respectively. It was belated by four months without any explanation. 3 2. All the same, in the opinion of this Court, there is no acceptable explanation coming from the applicants-E.S.I.Corporation for condonation of delay of 313 days and 334 days respectively and as such the present applications stand dismissed. Both the applications are disposed of. (A.R.JOSHI,J)