1 CAF No.2411/08 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2411 of 2008 IN FIRST APPEAL ST NO.10683 of 2008 Baban Yadu Pandit ... Applicant versus (i) Ranjit Singh Thind (ii)New India Assurance Co.Ltd. ... Respondents ... Mr. Shrishail Sakhare for the applicant Mr.D.S.Joshi for respondent no.2. CORAM : D.G. KARNIK, J DATED : 31st January 2011. P.C. 1. This is an application for condonation of delay of 91 days in filing of an appeal. The principal claim of the applicant is against the respondent no.1 who is an employer. By reason of non compliance of a self operative order dated 29 August 2008, the appeal has been dismissed against respondent no.1. The dismissal has become effective with effect from 26 September 2008. Till today, no steps have been taken for setting aside of the steps for dismissal against respondent no. 1. In my view, the respondent no.1 is a necessary party to the delay condonation application and in view of the dismissal of the delay condonation application against him, delay cannot be condoned against only the insurance company. Hence, the application is dismissed. (D.G.KARNIK, J)