: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.6270 OF 2008 IN FIRST APPEAL (ST.) NO.29855 OF 2008 Maharashtra State Road Transport Corporation, Mumbai ..Applicants. vs. Mr.Chetana Chandrakant Vaze & Ors. ..Respondents. Mr.C.M. Lokesh i/b.Mr.G.S. Hegde for the Applicant. Mr.Shirshak R. Chavanke for the Respondent. CORAM : B.H. MARLAPALLE & CORAM : B.H. MARLAPALLE & CORAM : B.H. MARLAPALLE & S.J. VAZIFDAR, JJ. S.J. VAZIFDAR, JJ. S.J. VAZIFDAR, JJ. DATED : DATED : DATED : 8TH APRIL, 2009 8TH APRIL, 2009 8TH APRIL, 2009 P.C. : P.C. : P.C. :- Heard Mr.Lokesh h/f. Mr.Hegde, the learned counsel for the applicant Corporation. Mr.Chavanke appears for the respondent/claimants. 2. The First Appeal under Stamp No.29855 of 2009 has been filed belatedly and hence this application for condonation of delay. As per the office note, the appeal is beyond time by 53 days. 3. It has been stated in the application that the tribunal was pleased to pass its award on 10.6.2008, certified true copy application was made on 20.6.2008 : 2 : and though the same was issued on 5.8.2008, it was collected on 7.8.08. The Corporation forwarded the papers to its counsel only on 18.9.2008 and, this application alongwith the appeal has been presented on 17.12.2008. 4. Mr.Chavanke therefore relied upon the following decisions of the Supreme Court and submitted that the Corporation as well as its counsel were guilty of being negligent and, there was no case made out to condone the delay :- i) State of Gujarat v. Sayed Mohd. Bakir El Edross, AIR 1981, Supreme Court, 1921. ii) Government of Andhra Pradesh v. Y.S. Parkashrao, (1982) 2 Supreme Court Cases, 385. iii) Collector, Land Acquisition, Anantnag v. Katiji, AIR 1987 Supreme Court, 1353. 5. In the instant case, as noted earlier, the appeal is beyond time by 53 days. There was a delay of 10 days in applying for the certified true copy and for more than one month the Corporation did not : 3 : take steps to forward the papers to its counsel seeking opinion and, in any case, the learned counsel for the Corporation undertook before us that the entire award amount shall be deposited with the Claims Tribunal within two weeks from today. 6. We are therefore satisfied that the delay so caused deserves to be condoned by levying exemplary costs. 7. Hence, delay condoned and the application is allowed in terms of prayer (a), subject to :- a) The applicant deposits the entire award amount as payable on 30.4.2009 with the Claims Tribunal and; b) Remits by way of costs, an amount of Rs.2000/- within a period of one week, with the Registry of this Court. The claimants are entitled for withdrawal of the same. 8. List the above appeal for admission on 20.4.2009. : 4 : (S.J. VAZIFDAR, J.) (B.H. MARLAPALLE, J.)