1 CA 1778/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1778 OF 2010 IN FIRST APPEAL (ST) NO. 12629 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. C.M. Lokesh i/b G.S. Hegde & Associates for the applicant. Ms. Leena Patil i/b Mr. Sachin Gite for the respondents. CORAM : D.G. KARNIK, J. DATE : 8TH FEBRUARY 2011 P.C. : 1. Heard both sides. 2. This is an application for condonation of delay in filing of an appeal against an award passed by the Motor Accident Claims Tribunal. 3. The delay is of 8 months. The award was passed on 30th May 2009. Certified copy of the 2 CA 1778/10 award was applied on 19th March 2010. Certified copy itself was applied after 7 months and 3 weeks. Certified copy was received on 22nd March 2010 and the appeal has been filed on 28th April 2010. No reason has been given in the application why the certified copy was not applied for over 7 months. 4. Learned counsel for the applicant submits that the applicant is a State Government organisation and it is funded by the State Government out of the money of the taxpayers and therefore lenient approach should be adopted by the Court in condoning the delay. 5. In the facts and circumstances of the case, the delay can be condoned subject to payment of compensatory costs as a condition precedent. Hence, I pass the following order. (i) The application is allowed and the delay in filing the appeal is condoned subject to the 3 CA 1778/10 applicant depositing Rs.15,000/- within 4 weeks in this Court as a condition precedent. On such deposit, the respondents (original claimants) are permitted to withdraw the amount of the costs. (ii) In the event the costs are not deposited within 4 weeks, the application shall stand dismissed without further reference to the Court and the appeal shall stand dismissed as barred by limitation. (iii) The applicant shall recover and reimburse itself by recovering the costs from the person/s responsible for the delay in filing of the appeal. (D.G. KARNIK, J.)