.abs IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3449 OF 2008 IN FIRST APPEAL (S) NO. 3977 OF 2008 WITH CIVIL APPLICATION NO. 3451 OF 2008 IN FIRST APPEAL (S) NO. 3985 OF 2008 ------------------------------------------------------------------------ Office Notes, Office Memoranda of : coram, appearances, Court’s Orders: Court’s or Judge’s orders or directions and Registrar Orders: ------------------------------------------------------------------------ Ms.S.P. Manchekar, A.G.P. for the applicants. Mr.G.K. Maurya i/b Mrs.P.H. Potnis for the respondents. CORAM : B.H. MARLAPALLE & D.G. KARNIK, JJ. DATE : 20TH MARCH 2009 P.C. P.C. P.C. : 1. Heard Mrs.Manchekar, the learned A.G.P. for the applicant-State. 2. The State has filed First Appeals under stamp Nos.3977 of 2008 and 3985 of 2008, but belatedly and hence these applications for condonation of delay. - 2 - 3. As per the office note, the appeals are beyond time by 109 days. The learned counsel for the respondents-claimants has opposed the application on the ground that the delay has not been explained properly and the concerned officers have shown total casualness in approaching this Court. 4. The application itself states that the impugned award was passed on 31st May 2007. Though the application for certified true copy was made on 6th June 2007, the appeals have been filed on or about 5th February 2008. Additional affidavit has been filed on 3rd March 2008 by Shri Subhash Kalbhor, the learned Assistant Government Pleader in the office of the District Government Pleader at Pune. We have seen from the record that though the application for certified true copy was submitted on 6th June 2007, the objection regarding deficit court fees was not removed for almost one month and when the certified true copy was ready on 1st August 2007, it was collected only on 20th September 2007. Though these applications - 3 - were drafted and were ready on 25th January 2008, the officer concerned from the Law Department could find time to verify and sign the applications only on 5th February 2008. 5. We express our displeasure on the laxity that is so apparent on the face of the record and we note that though a Special Committee has been constituted by the State Government pursuant to the directions of this Court, unless the officers responsible perform their duties sincerely and diligently, the purpose of forming such a Committee would stand defeated. We, therefore, think it appropriate to levy exemplary costs, which are to be recovered from the persons in the D.G.P’s office at Pune, responsible for not removing the office objections and collecting the certified true copy in time. 6. Hence, the delay is condoned and the applications are allowed in terms of prayer clause (a) subject to payment of costs quantified at Rs.500/-. The said amount shall be recovered from the salary - 4 - of the government employees concerned attached to the D.G.P’s office at Pune. Costs to be deposited in the Maharashtra Legal Services Authority of this Court within 2 weeks. 7. Appeals be listed for admission on 6th April 2009. (D.G. KARNIK, J.) (B.H. MARLAPALLE, J.)