Mpt CAF No.493/11 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.493 of 2011 IN FIRST APPEAL St.No.3208 2011 WITH FIRST APPEAL St.No.3208 2011 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.Ajay Varma for the applicant CORAM : D.G. KARNIK, J DATE : 17th February 2011 P.C. : 1. This is an application for condonation of delay of more than three years and eight months in filing of an appeal against an order passed by the Commissioner for Workmen’s Compensation awarding compensation to a workman. 2. In my view, the delay is not satisfactorily explained. One of the reasons given for the delay is that one of the employees (Joint Managing Director) expired in December 2006 and therefore, the appeal could not be filed. The impugned order was passed on 31 March 2007 i.e. after the death of the Joint Managing Director and therefore, that cannot be a ground for not filing of an appeal in time. Even otherwise, applicant is a body corporate and admittedly had another Managing Director who is looking after the affairs of the company. Hence, this ground cannot be accepted for condonation of delay. 2. Another ground alleged is that the papers were given to Mr.Tiwari, advocate for filing of an appeal and Mr.Tiwari did not file the appeal. The fact that the papers were given to Mr.Tiwari also show that on account of the death of a joint managing director, the appeal could not have been filed is not correct. 3. So far as the allegation of carelessness made against Mr.Tiwari, Advocate for not filing of the appeal, it was necessary for the applicant to join Mr.Tiwari as a party to the application as allegations of negligence and carelessness have been made against him. Without he being a party, no adjudication can be made on the allegation of carelessness and negligence on the part of Mr.Tiwari. Hence, this ground also cannot be accepted. Civil Application is accordingly rejected summarily. Consequently, First Appeal St. No.38208 of 2011 is dismissed as barred by limitation. (D.G. KARNIK, J.)