1 CA 4845/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4845 OF 2010 IN FIRST APPEAL (ST) NO. 32115 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. D.B. Joshi i/b Mr. Indrajeet R. Kulkarni for the applicant. CORAM : D.G. KARNIK, J. DATE : 7TH FEBRUARY 2011 P.C. : 1. This is an application for condonation of delay of more than 200 days in filing of an appeal. 2. In my view, the delay is not satisfactorily explained. Two reasons are mentioned for condonation of delay. First is that the papers were required to be sent to the Mumbai 2 CA 4845/10 Regional Office-II and that has resulted in the delay. The branch office which issued the insurance policy is situate at Mumbai. The award has been passed by the Motor Accident Claims Tribunal at Mumbai. Nothing has been mentioned how many days were required for sending the papers from one office to another office situated in the same city. The papers could have easily been transmitted from one office to another in the same city in a day or two. Therefore, the ground that time was required for transmission of papers from one office to another office cannot be accepted. 3. The second reason given for the delay is that the applicant was required to deposit a cheque of Rs.25,000/- as a condition for filing of an appeal. Depositing of Rs.25,000/- in the Court is a statutory provision and applies to all appeals by the owner/insurer in an appeal under the Motor Vehicles Act. The applicant – insurance company is in the business of motor 3 CA 4845/10 insurance and is aware of the condition and has been depositing such amount in several hundreds of appeals which it files in this Court over the years. Condition of deposit of Rs. 25,000/- is not such as the applicant was not aware of nor was it financially incapable to pay. In the circumstances, this ground also does not survive 4. No other ground is mentioned in the petition nor is urged before me. 5. In the circumstances, the application is rejected. (D.G. KARNIK, J.)