AJN 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.5331 OF 2006 IN FIRST APPEAL (STAMP) NO.20406 OF 2008 WITH FIRST APPEAL (STAMP) NO.20406 OF 2008 The New India Assurance Co. Ltd. .... Applicants Vs. Smt. Prashanti Mahendra Aherkar & Ors. .... Respondents Mr. Yadu Bhargavan i/b M/s. R. Bhargavan & Associates for the applicants. Mr. M.B. Kotak for respondents 1 to 3. Mr. Sandeep Koregav i/b Mr. Talkute for respondent 4. CORAM : SMT. RANJANA DESAI & SMT. R.P. SONDURBALDOTA, JJ. DATED : 23RD JUNE, 2008. P.C.:- 1. On 2/5/2008, this appeal was admitted though there was 33 days' delay in filing the appeal. This is because, neither the AJN 2 appellant's counsel nor counsel for respondents 1 to 3 informed the court that there was delay in filing the appeal. The office also did not put up the civil application for condonation of delay, on board. We deprecate the irresponsible conduct of all the parties and our office. In the circumstances, the appeal was admitted by this court. 2. Later on, the office discovered that Civil Application No.5331 of 2006 praying for condonation of delay of 33 days, is pending. Technically, therefore, on 2/5/2008, the appeal could not have been admitted. Civil Application No.2549 of 2008 was circulated before us by learned counsel for respondents 1 to 3 for withdrawal of the deposited amount. Since we were not told by either parties that there was delay in filing the appeal, we passed an order permitting respondents 1 to 3 to withdraw the amount on conditions laid down in our order. Now admittedly, all parties are served. Ms. Bhargavan is appearing for the applicants-appellants. Mr. Kotak is representing respondents 1 to 3 and Mr. Talkute is representing respondent 4. 3. For the reasons stated in the civil application, we condone AJN 3 delay of 33 days in filing the appeal. 4. Civil application is disposed of. [SMT. RANJANA DESAI, J.] [SMT. R.P. SONDURBALDOTA, J.]