1 CAF No.1936/08 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1936 of 2008 IN FIRST APPEAL St.No.8412 of 2008 New India Assurance Co.Ltd. ... Applicant versus Vithabai Ananda Kamble ... Respondent ... Mr. S.M.Vidyarthi for the applicant Mr. S.G.Thorat for respondent nos.1 to 3. CORAM : D.G. KARNIK, J DATED : 27th January 2011. P.C. 1. Heard learned counsel for the applicant and respondent nos.1 to 3(original claimants). None present for respondent no.4 though served. 2. This is an application for condonation of delay in filing of an appeal. The impugned judgment was passed on 30 August 2007 and certified copy though applied after a few days was received on 19 November 2007. Applicant sought legal opinion as to the feasibility of filing of an appeal from two advocates, one junior and one senior and both the opinions were received on first week of December 2007. The 2 CAF No.1936/08 appeal has been filed on 1 March 2008. In my view, the reasons given for the delay between first week of December 2008 to 31 March 2008 show lack of proper promptitude. The only ground is that papers were required to be forwarded from Pune Regional Office to Mumbai Regional office. As the statute provides period of limitation of 90 days of filing of an appeal, the applicant must tighten up its internal procedure to ensure that internal sanctions are obtained within the statutory period and the appeal is filed in time. In almost every appeal filed on behalf of the applicant Insurance Company, it is noticed that the appeal is filed after expiry of limitation and the only grounds given for condonation of delay is delay in transferring of papers from one office to another and taking of administrative decisions in filing of an appeal. 3. In the circumstances, delay is condoned subject to payment of costs of Rs.15,000/­ as condition precedent. Applicant shall recover the costs from the Officers who are responsible for the delay in filing of an appeal. Costs shall be deposited in this court within four weeks. Liberty to the respondent nos.1 to 3 to withdraw the costs on deposit. If the costs are not deposited within four weeks, application shall stand dismissed without further reference to the court. (D.G.KARNIK, J)