1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION F. NO.2956/2010 AND FIRST APPEAL ST. NO.12547/2010 Maharashtra Industrial Development Corporation Through its Regional Officer ...Versus... Sunil s/o Kamlakar Salve and others Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. [Ms Athaley, Adv. for applicant] [Shri M.A. Mamarde, Adv. for respdt. No.1] CORAM : A.B. CHAUDHARI, J. DATED : 22.03.2011. This is an application for condonation of delay of 820 days in filing the present first appeal. Heard learned Counsel for the rival parties. Learned Counsel for the applicant invited my attention to paragraph Nos.6 to 9 of the application for condonation of delay. It is seen that the award was passed on 24.1.2008 and application for grant of certified copy itself was made on 29.12.2008 i.e. almost after eleven months. Even thereafter the time spent before filing appeal is totally unjustified and the grounds raised in this application are not at all 2 satisfactory and shows carelessness on the part of the appellant in dealing with the matter. That apart, it is interesting to note that in the Execution Case No.138/2008 the amount of enhanced compensation was deposited and was allowed to be withdrawn without any protest or objection. Not only that though the Counsel for the appellant  M.I.D.C. appeared in the execution proceedings, no attempt to stall the payment or for demanding security was at all made. Thereafter, the amount appears to have been withdrawn on 13.4.2009. On 22.7.2010 i.e. after one year and three months from the date of withdrawal the present appeal was filed. It clearly appears from the above events that the appellant and its Counsel have allowed the claimants to withdraw the entire amount in the execution proceedings. The appellant and the claimants are thus clearly hand in glove. Filing of appeal in this Court on 22.7.2010 clearly shows that the intention to file appeal was to overcome any adverse action in future which the concerned persons could face. This appeal has been filed after disbursement of the amount and after paying the court fees. Looking to the above factual background, the application for condonation of delay is nothing but an abuse of process of the Court and is liable to be dismissed. 3 The application for condonation of delay is, therefore, dismissed with costs of Rs.10,000/- (Rupees Ten Thousand Only) payable to the State of Maharashtra  respondent No.3. The costs should be recovered after identifying the concerned officer(s) responsible and report be made to this Court within a period of eight weeks from today. The amount of court fees shall also be recovered from the officer(s) concerned. Consequently, the First Appeal St. No.12547/2010 is also dismissed. Judge ssw