1 caf2750.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.2750 OF 2010 IN FIRST APPEAL ST.NO.18107 OF 2010 United India Insurance Co. Ltd. ...Applicant vs. M/s.Prasol Chemicals Ltd. & Ors. ...Respondents Mr.Dinesh Gupta for the applicant None for the respondents CORAM :A.S.OKA,J. DATE : SEPTEMBER 3, 2010 1 This is an application for condonation of delay filed by the insurer for challenging the Judgment and Order dated 15th October 2007 passed by the learned Commissioner under the Workmens Compensation Act. The original claimants/applicants are widow, two minor children and parents of the deceased employee. The delay is of 2 years and 217 days. The application for condonation of delay runs only into one and half pages. The only relevant paragraph is paragraph 2 which reads thus : 2 The appellant (Insurer) state and submit that the impugned judgment and order has been passed on 15.10.2007. The appellant (Insurer) applied for certified copy of the same on 15.10.2007 and the same has been furnished to them on 18.10.2007. However, thereafter the appeal could be filed only on 19.7.2010 and as such delay of 2 years and 217 days occurred. Appellant (insurer) submits that however the said delay was not deliberate/intentional and occurred on account of circumstances beyond the control 2 caf2750.sxw of the Appellant (Insurer)and submit that the delay occurred in filing the present appeal be condoned in the facts and circumstances of the present case. The appellant (Insurer) submits that the delay in filing the present appeal is neither willful nor want on. The delay has occurred due to transmission of papers from one officer to the other as also from one department to another as the Appellant (Insurer) being a public sector undertaking some time was found necessary at every stage to scrutinize and examine the papers thoroughly with the bonafide intention of arriving at the best alternative available in the circumstances prevailing at that material period of time as also consultations were held with various authorities including advocates to explore the possibility of honouring the verdict of the Hon ble Trial Court. The Appellant (Insurer) submit that the balance of convenience is also in favour of the Appellant (Insurer). 3 The certified copy of the impugned Judgment and order was available with the applicant way back on 18th October 2007. The appeal has been filed on 19th July 2010. There is absolutely no explanation for inordinate delay of 2 years and 217 days. The so called explanation in paragraph 2 is hardly an explanation for delay of 947 days. Hence, even after adopting a liberal approach, it is not possible to condone such a long delay. Hence, application is rejected. 4 Civil Application no.2751 of 2010 does not survive and the same is disposed of. JUDGE