1 CA 1416/2009 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1416 OF 2009 IN FIRST APPEAL (ST) NO. 6759 OF 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Ms. U.K. Sanil for the applicant. Mr. P.D. Paranjape i/b Mr. T.S. Ingale for respondent nos.2 and 3. CORAM : D.G. KARNIK, J. DATE : 10TH FEBRUARY 2011 P.C. : 1. Heard learned counsel for the parties. 2. This is an application for condonation of delay of 300 days in filing of an appeal against an award of compensation passed by the Motor Accident Claims Tribunal. 3. The application is seriously contested by the respondents. Learned counsel for the 2 CA 1416/2009 respondents submitted that sufficient ground explaining the delay is not made out. 4. The impugned decision was rendered on 19th December 2007. Certified copy was received on 29th January 2008. The present appeal has been filed after one year, i.e. on 11th February 2009. It is stated in the application that the clerk of the advocate, who had collected the certified copy, had kept the certified copy in the file without informing the advocate. It is only after realising the mistake that the advocate sent the certified copy to the insurance company, which is the appellant herein. The allegations are vague. The clerk, who is alleged to be negligent in not informing the advocate about the receipt of the certified copy, is not named. The exact date when the advocate realised the mistake is also not mentioned. However, taking into consideration the fact that the delay has been caused on account of non-receipt of the certified copy, in 3 CA 1416/2009 my view, the delay can be condoned subject to payment of costs. Hence, I pass the following order: (i) The application is allowed subject to payment of costs of Rs.3,000/- as a condition precedent. Costs shall be deposited in this Court within 4 weeks. On such deposit, the respondents are permitted to withdraw 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 consequently the appeal shall also stand dismissed as barred by limitation. (D.G. KARNIK, J.)