1 CAF No.3666/10 mpt IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3666 of 2010 IN FIRST APPEAL NO.653 of 1994 (i) Shri Pandharinath R. Chaudhari (ii) United India Insurance Co.Ltd. ... Applicants versus Captain Dattatraya S. Vaidya ... Respondent ... Mr. D.R. Mahadik i/b S.R.Singh & Co. for the applicants Mr. Roshan Tanna i/b G.V.Limaye for the respondent CORAM : D.G. KARNIK, J DATED : 11th January 2011. P.C. 1. Heard learned counsel for the applicants. 2. This application is for condonation of delay and for setting aside the abatement of an appeal. 3. The respondent died on 3 October 2009. The death was intimated by the respondent’s advocate to the applicants in Court on 18 2 CAF No.3666/10 January 2010. Even sfter the knowledge of the death, the applicants did not bring the heirs on record within 90 days. Hence, appeal stood abated. The applicants did not apply for setting aside the abatement within the statutory period of 90 days and have now made an application dated 11 August 2010 for condonation of delay and setting aside the abatement. 4. I am not at all satisfied about the reasons given for condonation of a delay. It is alleged that applicant Insurance Company had appointed an investigator for finding out the names of the legal heirs and on receipt of the report of the investigator they had made an application. The date on which the investigator was appointed, the date on which the report was received are not mentioned in the application. That apart, the present application has been signed on 11 August 2010 as can be seen from the date written by hand on page no.5 of the application while the application has been filed on 20 December 2010. The delay between signing of the application on 11 August 2010 and filing of an application on 20 December 2010 is not at all explained. There appears to be gross negligence in not filing the application even after the application was ready. Application is rejected. (D.G.KARNIK, J)