Mpt CAF No.2344/09 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.2344 of 2009 IN FIRST APPEAL St.No.12313 of 2009 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.K.Dhavan i/b Dinesh B. Gupta for the applicant. CORAM : D.G. KARNIK, J DATE : 3rd March 2011 P.C. : 1. This is an application for condonation of delay of 269 days in filing of an appeal. The only averment that is made in paragraph no.2 of the application is that the delay was caused on account of the circumstances beyond the control of the applicant. The circumstances which are said to be beyond the control of the appellant are that the applicant is a public sector undertaking and some time was necessary at every stage to scrutinise and examine the papers for arriving at the best alternative available in the circumstances prevailing at the material time. Scrutinising the papers by the applicant cannot certainly be a circumstance beyond the control of the appellant. It was well within the control of the applicant. As the law provides the period of limitation of 90 days for filing an appeal it is expected that the necessary scrunity of papers be completed and appeal be filed within 90 days. Though some leniency can be shown taking into consideration the time that may be required in case of Government or a public sector undertakings, it appears that the public sector undertakings are taking it as a matter of rule that they can file the appeals beyond the period of limitation and make an application for condonation of delay by making a bald statement that the delay was caused by circumstances beyond their control. No particulars whatsoever have been furnished as to who was required to take decision granting sanction for filing an appeal, when the papers were submitted to him, when he took the decision to file an appeal and when the appeal was actually filed. On the basis of a bald allegation bereft of any details, the delay which in the present is of four times the period of limitation provided for filing of an appeal cannot be condoned. Hence civil application is rejected. (D.G. KARNIK, J.)