IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2559 OF 2007 IN FIRST APPEAL ST. NO. 15484 OF 2004 IN L.A.R. NO. 5 OF 1989 THE STATE OF MAHARASHTRA ..APPELLANT V/S SHIVAJI KRISHNA DOUBLE ..RESPONDENT SHRI B.H.MEHTA, AGP FOR THE APPELLANT. CORAM: A. S. OKA, J. CORAM: A. S. OKA, J. CORAM: A. S. OKA, J. DATE : 8TH FEBRUARY, 2008. DATE : 8TH FEBRUARY, 2008. DATE : 8TH FEBRUARY, 2008. P.C. 1. Heard learned AGP for the Applicant. This application is for condonation of delay of 11 years and 215 days in preferring the Appeal against the Judgment and Award dated 30th March, 1992. 2. Perusal of the application made by the Applicant shows that on 1st July 1992 the Law and Judiciary Department, Mantralaya, Mumbai, issued a resolution for filing the Appeal. On 2nd July, 1992 the papers were received by the office of the Government Pleader, High Court, Appellate Side, Mumbai, along with the said : 2 : resolution for the purpose of preferring Appeal. This Application discloses that an application for obtaining certified copy of the impugned judgment and award was made on 13th June, 2003. Thus the impugned judgment and award was passed on 30th March, 1992 and the application for grant of certified copy of the judgment and award was made 11 years thereafter. The decision to prefer an Appeal was taken on 1st July, 1992. It is surprising to note that though the certified copies were ready on 16th June 2003, the present Appeal was filed in February 2004. There is another shockig feature of the case. While preferring the Appeal, the State Government did not pay court fees though the Registrar (Judicial I) granted time of 2 weeks to pay the court fees. During the said period of 2 weeks the court fee was not paid. Hence the registration of the Appeal was refused. Thereafter on an application for restoration, this court restored the Appeal in the year 2006. 3. There is gross and unexplained delay of 11 years and more in preferring this Appeal. Moreover the enhancement granted by the impugned judgment and award in market value is only in the sum of Rs. 1856/-. Considering the aforesaid aspects, no case is made out for condonation of delay. Application is rejected. : 3 : 4. A copy of this order shall be forwarded to the Principal Secretary, Law and Judiciary, Government of Maharashtra. --- (A. S. OKA, J) (A. S. OKA, J) (A. S. OKA, J)