1 ndm 4 caf.2616.09 anr IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 2616 OF 2009 WITH CIVIL APPLICATION NO. 2617 OF 2009 IN FIRST APPEAL (STAMP) NO. 14661 OF 2009 The United India Assurance Co. Ltd. ... APPLICANT Vs. Bhushan Pandharinath Tamore and anr. ... RESPONDENTS -------- Mr. S.M.Vidyarthi for the Applicant. Mr. T.J. Mendon for Respondent No.1. -------- CORAM : A.M. KHANWILKAR and A.A. SAYED, JJ. DATE : 03 rd August, 2010. P.C. 1 Heard the learned counsel for the Applicant and Respondent No.1. None appears for the Respondent No.2, though served. The delay computed by the office is around 2 years and 115 days. That delay will be examined in two parts. The first is on account of inaction of the advocate engaged by the Applicant before the lower Court. Insofar as that delay is concerned, the Applicant cannot be punished for the mistake of the advocate. 2 The second part is after the certified copy was made ready. 2 It appears that the certified copy was applied on 09 th January, 2009 for the first time and the same was ready for delivery on 30 th January, 2009. The appeal proceedings are filed on 22 nd June, 2009. This delay has been explained in paragraph Nos.2 and 3 of the application. In a sense, the explanation on account of administrative compliances to be adhered to and the fact that the matter involved good deliberation between the concerned office before taking final decision to file the appeal, delay has occurred. It is also stated that due to unavoidable circumstances, the Applicants were required to collect all the documents and certified copies and related documents to facilitate filing of appeal, which also consumed sometime. Indeed, the explanation given in the application is not date- wise. Even so, in the interest of justice, taking overall view of the matter, we are allowing this application in terms of prayer clause (a) on condition that the Applicant shall pay costs quantified at Rs.10,000/- as condition precedent for condoning delay. That amount shall be deposited in the trial Court, which should be made over to the Respondent No.1, who has entered appearance before the Court. The amount be paid within two weeks from today, failing which the office to treat this application for having dismissed for non-prosecution without further reference to the Court and consequently consign the record of appeal paper-book to the record. [ A.A. SAYED, J ] [ A.M. KHANWILKAR, J ]