FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.1916 OF 2009 (FOR CONDONATION OF DELAY) IN CRIMINAL APPEAL NO. OF 2008 IN CRIMINAL CASE NO. 17/EW/2005 [EMPLOYEES STATE INSURANCE CORPORATION V/S.M/S.DECCAN EXPRESS TRANSPORT CO.PVT.LTD & ORS.] -------------------------------------------------------------------------- Office Notes, Office Memoranda of : Coram, appearances, Court’s orders : or directions and Registrar’s : Court’s or Judge’s orders orders : -------------------------------------------------------------------------- Mr.P.M.Palshikar,adv.for applicant. Mr.S.A.Pol,APP for State-respondents. CORAM : SMT. R.P. SONDURBALDOTA, J. DATED : 27TH AUGUST, 2009. PC :- 1. This application is for condonation of delay of one year and five days in filing the appeal. Notice of the application is served upon respondents no.1 to 3. None is present. 2. Heard counsels for both sides. 3. The application shows that the certified copy of the order sought to be impugned was applied for after the delay of 19 days. The same was received on 28th January, 2008. Thereafter, it took time for the office to seek legal opinion of the advocate on record until 13th March, 2008. Then, the memo of appeal was drafted and sent for consideration to Deputy Director (Legal), ESI on 20th June, 2008. The instructions for approval of memo of appeal was received on 4th August, 2008 and the present appeal came to be filed in the office on 18th March, 2009. The explanation given by the applicant for the time taken at various steps after obtaining certified copies of the impugned order, is far from satisfactory. In any case, after receiving the approval of memo of appeal on 4th August 2008, there was no reason to delay filing of the appeal till 13th March, 2009. Since there is no satisfactory explanation for the delay, the application is dismissed. 4. In view of dismissal of the application for condonation of delay, the appeal does not survive. The same also stands dismissed.