* 1 * IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL. APPLICATION NO. 1393 OF 2009 (FOR CONDONATION OF DELAY) IN FIRST APPEAL (ST) NO. 6470 OF 2009 Employees State Insurance Corporation, Mumbai ...........Applicant V/S. Maharashtra Rajya Machimar Sahakari Sangh Ltd ...............Respondent --------- Mr. P.M. Palshikar, adv.for the applicant. Mr. B.K. Raje, adv.for the respondent. CORAM : SMT. R.P. SONDURBALDOTA, J. 22nd MARCH, 2010. P.C. :- 1. This Civil Application is taken out for condonation of delay of 342 days in filing the appeal to challenge the order dated 18th December, 2007 passed by the Employees State Insurance Court, Mumbai. 2. Mr. Palshikar, the learned counsel for the applicant, submits that the delay in filing the appeal has occasioned mainly on account of the administrative exigencies of the applicant. The applicant being a statutory corporation is required to follow certain procedural formalities before the decision to file appeal is taken and compliance with the formalities * 2 * consumes time. Therefore, the delay in filing the appeal should be condoned. However, Mr. Raje, the learned counsel for the respondent, on the other hand submits that the delay caused is not on the count of administrative requirement alone. He points out that after the approval of Memorandum of Appeal was received on 25th April, 2008, the application for condonation of delay was prepared and affirmed on 17th July 2008 and it actually came to be filed on 5th March, 2009. 3. The excuse of administrative exigency cannot be extended to the period between 25th April, 2008 to 17th July, 2008 and from 17th July, 2008 to 5th March, 2009. This is not a case where after completing the administrative formalities in obtaining the approval for filing of the appeal, actual steps of filing of the appeal were taken swiftly. The administrative approval was received on 25th April, 2008. Almost 3 months thereafter, the appeal papers were prepared and the application for condonation of delay got affirmed. The appeal was filed in the office 8 months thereafter i.e. in the month of March, 2009. There is no explanation whatsoever for this gross negligence on the part of the applicant. In my opinion, therefore there is no reason whatsoever made out, much less, substantial for condonation of delay. Hence, the application is dismissed. [SMT. R.P. SONDURBALDOTA, J]