1 CA 3023/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 3023 OF 2010 IN FIRST APPEAL (ST) NO. 20046 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. C.M. Lokesh i/b Mr. G.S. Hegde & Associates for the applicant. Mr. Manoj Patil i/b Pratap Patil for respondent nos.1 to 3. CORAM : D.G. KARNIK, J. DATE : 18TH JANUARY 2011 P.C. : 1. Heard learned counsel for the parties. 2. This is an application for condonation of delay of more than 3 months in filing of an appeal. The impugned award was passed on 24th November 2009. Certified copy was applied on 26th November 2009 and was received by the appellant in the head office on 2 CA 3023/10 10th February 2010. Thereafter the applicant sent the papers to Mr. Hegde, advocate for filing of an appeal along with the letter dated 29th June 2010. 3. Learned counsel for the applicant submitted that the delay in sending the papers to Mr. Hegde for filing an appeal was on account of the fact that the decision to file an appeal was required to be taken by the appellant and that took time. The period of limitation for filing of an appeal is 90 days. As the appellant has taken more than 4 months even for taking of decision to file an appeal, there is something grossly wrong in the administration of the appellant. The delay cannot be condoned on account of such gross negligence in taking decision as to filing of an appeal. The application does not explain what steps were required to be taken and and does not even state who was authorised to take the decision of filing of an appeal and why it took 3 CA 3023/10 so long for him to take the decision for filing of an appeal. Hence, if at all the application were to be allowed, the penal costs would have been imposed against the applicant and which would have been ordered to be recovered from the officer responsible for the delay in taking the decision. Since the applicant is a government corporation, in order to save the public money, the delay is condoned subject to payment of costs of Rs.20,000/- as a condition precedent. The costs shall be deposited in the Registry of this Court within 4 weeks with liberty to the respondents to withdraw the costs. The applicant shall be free to recover the costs from the officer who is responsible for the delay in taking the administrative decision in filing of an appeal. In the event the costs are not deposited within 4 weeks, the application shall stand dismissed without further reference to the Court. (D.G. KARNIK, J.)