1 mp t IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4559 of 2008 IN FIRST APPEAL ST.NO.20279 of 2008 Employees State Insurance Corporation.. Applicant versus M/s.Shree Krishna Woolen Mills & ors.. Respondents ... Mr.P.M. Palshikar for the applicant Mr.B.B. Nangane for respondent no.1. . Ms.S.P. Manchekar AGP for respondent no.2. CORAM : D.G. KARNIK, J DATED : 4th December 2008 P.C.: 1. Heard. 2. This application is made by the applicant for condonation of delay of 169 days in filing of the appeal. Learned AGP appearing for the State has no 2 objection for condonation of delay. So far as respondent no.1 is concerned, though it had filed an appearance on 17th September 2008, till today no affidavit in reply is filed. In the circumstances, the averments made in the application are deemed to be admitted. 3. For the reasons stated in paragraph no.2 of the application, the delay is condoned subject to payment of costs of Rs.500/- as a condition precedent. Costs shall be paid to the respondent no.1 or deposited in the court within four weeks. If the costs are not paid/deposited within four weeks, application shall stand dismissed without further reference to the court. (D.G. KARNIK, J)