spb/- 1 ca3684-10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION CIVIL APPLICATION NO. 3684 OF 2010 IN FIRST APPEAL (ST.) NO. 24093 OF 2010 Maharashtra State Road Transport Corporation ... Applicant/Appellant. V/s. Shivgunda B. Patil & Anr. ... Respondents. --- Mr. C.M. Lokesh i/by G.S.Hegde & Associates for the Applicant/ Appellant. ----- CORAM : D. G. KARNIK, J. DATE : 24th FEBRUARY, 2011. P.C. 1 Heard learned counsel for the Applicant/Appellant. None present for the respondents. 2 This civil application is for condonation of delay of over eight months. The reason given for condonation of delay is that Mr. Hegde, Advocate for the appellant asked for the court fees to be paid and that were not paid by the appellant in time as the appellant had to obtain necessary approvals. The applicant/appellant is a State Government Corporation having turn over of thousands of crores of rupees. It runs a bus service and transport service in the State and is sued in hundreds of matters every year for compensation for accident claims. It is, therefore, aware of the procedure of filing of an appeal and the amount required for payment of court fees for filing of an appeal. It is financially a sound corporation, earning good profits. It must streamline its own procedure spb/- 2 ca3684-10.sxw for obtaining necessary approvals and non- granting approval in time, amounts to a failure on the part of the officers concerned to perform his duty. In the circumstances, the delay can be condoned only subject to the payment of exemplary costs so that such delay in granting necessary approvals do not occur again. 3 Hence, the delay is condoned and the application is allowed in terms of prayer clause (a) subject to the payment of costs of Rs.15,000/- as condition precedent. The costs shall be deposited by the applicant/appellant in this court within four weeks. On failure to deposit the costs, civil application shall stands dismissed and consequently, the appeal shall also stands rejected as barred by limitation. The applicant shall recover the costs from the officers responsible for the delay and reimburse itself so that it does not suffer for negligence of its officers. [D.G. KARNIK, J.] .....