: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1394 OF 2009 IN FIRST APPEAL (ST.) NO.6468 OF 2009 Employees State Insurance Corporation, Mumbai & Anr. .. Applicants V/s. International Agencies, Mumbai .. Respondents Mr. P.M. Palshikar for the Applicants. Mr. N.P. Dalvi i/b. M/s. C.R. Naidu & Co. for Respondent No.1. CORAM : SMT. NISHITA MHATRE, J. DATED : 10 TH SEPTEMBER, 2009. P.C.: 1. The Civil Application has been filed by the applicants for condoning the delay of 367 days. The application has been opposed by the opponents by filing an affidavit of the partner of the opponents. 2. The Civil Application indicates that the applicants had not filed the First Appeal within the period of limitation in view of the procedural and administrative delays in taking a decision as : 2 : to whether an Appeal should be filed. It is stated therein that the applicants first sought the opinion of their Advocate on record before the trial court as to whether it was worthwhile filing an Appeal. The opinion is received on 17th January, 2008, i.e. within the period of limitation, after the judgment and order of the trial court. Thereafter it appears that the necessary documents and papers were forwarded to the Advocate in this court on 5th February, 2008. After the Appeal was drafted, it was sent for consideration to the Assistant Director (Legal), Employees State Insurance Corporation on 6th March, 2008. The Memo of the Appeal was approved on 18th April, 2008 and the First Appeal was filed on 17th July, 2008. The date in the Civil Application has wrongly been stated as 4th March, 2009. 3. Although the learned Advocate for the respondent vehemently opposed the Civil Application by relying on the judgment of this court in the case of Kamalbai Narasaiyya Shrimal & Anr. vs. Ganpat Vithalrao Gavare, reported in 2007 (1) : 3 : Bom.C.R. 51, in my opinion, sufficient cause has been shown by the Insurance Corporation, i.e. the applicants herein, for the delay in filing the First Appeal. Undisputedly there is a delay of 367 days and therefore even though the delay can be condoned, the respondents must be compensated. 4. Accordingly, the delay is condoned on payment of costs of Rs.2,000/- to the respondents within a period of two weeks from today. 5. If the costs are paid, as directed, list the First Appeal for admission thereafter. .......