ndm 1 caf.4121.09 anr.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4121 OF 2009 IN SECOND APPEAL STAMP NO. 9738 OF 2009 WITH CIVIL APPLICATION NO. 4122 OF 2009 IN SECOND APPEAL STAMP NO. 9738 OF 2009 M/s. United India Insurance Company Ltd. ... APPLICANT Vs. Vasanti Ravindara Shah and ors. ... RESPONDENTS -------------- Ms. Priscilla Samuel i/b Mr. Raymond V. Samuel, Advocate for Appellant. -------------- CORAM : S.J. KATHAWALLA, J. DATE : 10 th November, 2009. P.C. 1 By this Civil Application, the applicant – United India Insurance Company Limited is seeking condonation of delay of 330 days in filing the First Appeal, from the order / judgment of MACT, Islampur dated 28.02.2008 directing the Insurance Company to pay an amount of Rs.1,81,281/- to the respondent No.1. The explanation given for the delay is in paragraph No. 4 of ndm 2 caf.4121.09 anr.sxw the Civil Application, which reads thus: “4. The Appellants say that present Application for Motor Vehicle was filed before the Motor Accidents Claim Tribunal At Islampur. I further say that after the Obtainment of the Certified Copy the delay has been caused as by virtue of being a Government Company, necessary sanctions have to be obtained from the Senior Official, before moving the Hon’ble High Court. The present Appeal had to be filed in the Hon’ble High Court the file pertaining to the present Complaint and Appeal had to reach the Mumbai Regional Office from the Divisional office. I further say that after the receipt of the file we have immediately preferred this present First Appeal. I further say that hence there is a delay of ____ in filing of the present Appeal.” 2 From the above explanation, it is clear that the Insurance Company has not explained as to when the certified copy was applied for. The applicant has not even bothered to set out when they obtained a certified copy of the order / judgment. No particulars are given as to when the sanction from “the Senior Official” was sought and as to when the sanction was granted. In view thereof, no cause whatsoever much less sufficient cause have been shown / set out in the Civil Application for condonation of the said delay of 330 ndm 3 caf.4121.09 anr.sxw days. Civil Application No. 4121 of 2009 is therefore dismissed. 3 Civil Application No. 4122 of 2009 also stands dismissed. [ S.J. KATHAWALLA, J ]