1 HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPLICATION NO.4978/2008 WITH CIVIL APPLICATION NO.4979/2008 IN FIRST APPEAL St.NO.22512/2008. New India Assurance Co.Ltd.. ..Applicant/Appellant -VERSUS- Vrushali Digambar Deshpande and others. ..Respondents ......... Mr.S.M.Vidyarthi, Advocate for the applicant/appellant. Mr.U.B.Nighot, Advocate for the respondents Nos.1 and 2. Mr.G.H.Keluskar, Advocate for the respondent No.3. .......... CORAM : A.P.DESHPANDE, J. DATED : 23rd MARCH, 2009. P.C. : 1. By the present application, the applicant Insurance Company is seeking condonation of delay of 699 days in filing the appeal. The reasons set out for delay are that “the papers related to the appeal were lost and/or misplaced in the concerned office of the petitioner at Pune and could not be made available. The documents which were sought formed the basis of assessment of compensation and despite the petitioner's best efforts could not be found. This 2 consumed a lot of time.” 2. The vague averments are made without furnishing the detail particulars in regard to misplacement of the documents and as to when the documents were made available. Further the vague allegations are made in regard to there being pressure of work due to filing of a number of appeals and so also about the inadvertence and oversight. 3. The application is opposed by filing reply by contending that the vague averments about misplacement of documents, pressure of work and inadvertence cannot provide sufficient cause to condone the delay. On that count a prayer for dismissal of the application is made. 4. Perused the application, the claimants are awarded the compensation in the sum of Rs.12,40,000/- and the liability is to be shared between the present applicant Insurance Company and the respondent No.3 in equal proportion. 5. The learned counsel for the respondent No.3 informs that the respondent No.3 has not filed any appeal. 6. Having regard to the facts and circumstances on record, I do not find any justification in condoning inordinate delay in filing the appeal. In the result, the application is dismissed. 7. At this stage, the learned counsel for the applicant/appellant submits that the amount of Rs.25,000/- deposited in the High Court under Section 173 of the Motor Vehicles Act be 3 transferred to the Motor Accident Claims Tribunal, Pune. The learned counsel for the respondents have no objection. Ordered accordingly. 8. Further prayer is made for refund of the Court fees as permissible under the rules. 9. Hence, it is ordered that as permissible under the rules, the appellant would be entitled refund of the Court fees. 10. The application is dismissed. In view of dismissal of the Civil Application for condonation of delay, the Civil Application for stay does not survive and the same is also dismissed. JUDGE