1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2591 OF 2009 IN FIRST APPEAL (ST.) NO.14155 OF 2009 WITH CIVIL APPLICATION NO. 2592 OF 2009 The New India Assurance .... Applicant Co. Ltd. Vs. Shri Vishwanath Maya Patil .... Respondents & Anr. Mr. V.N. Sagare, Advocate for applicant. Mr. A.S. Patil, Advocate for respondent no.1. Coram : SMT. R.P. SONDURBALDOTA, J. Date : 24th March, 2011 P.C. 1. This application is for condonation of delay in filing the appeal to challenge the judgment and award passed by the Commissioner for Workmen’s Compensation. The impugned judgment and award is dated 30th April 2008. The application for certified copy was filed by the applicant on 9th July 2008 i.e. much after the expiry of the period of limitation for filing the appeal. The application contains no explanation whatsoever for not taking immediate steps in the 2 matter. It is contended in paragraph 2 of the application that after the judgment and award, the applicant deposited the entire decretal amount of Rs.1,04,822/- with the Office of the learned Commissioner by cheque. According to the applicant, the receipt for that amount was given to the applicant only on 16th April 2009. Since at the time of filing of the appeal, the office of this Court requires production of receipt for deposit of the amount, the appeal could not be filed within the prescribed period. Though the application does not specify the date on which the amount was deposited, it states that the amount stood credited to the bank account of the office of the learned Commissioner on 15th April 2009. This can only mean that the amount had been deposited a few days prior to 15th April 2009. Thus even the deposit of the amount by the applicant was almost a year after the date of judgment and award. The application again contains no explanation for not depositing the amount immediately in the office. 2. Since the applicant has not made out any case whatsoever for condonation of delay of 354 days, the application is dismissed. 3. In view of the dismissal of the above civil application, the Civil Application No.2592 of 2009 does not survive, the same is accordingly disposed off. ( Smt. R.P. SondurBaldota, J.)