The Regional Director Employees ... vs The University Of Pune
2021 Latest Caselaw 13390 Bom

                                                       22- caf 563 OF 2016



                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        CIVIL APPELLATE JURISDICTION
                          CIVIL APPLICATION No. 563 OF 2016
                                         IN
                         FIRST APPEAL (ST) No. 22267 OF 2015

       The Regional Director
       Employees State Insurance Corporation
       and Anr.                                        ...Applicants
            Vs.
       The University of Pune                          ....Respondent

                                   ***********
       Mr. S.S. Pathak, for Applicant No.1 -ESIC
       Mr. Yunus Vakharia i/b. Mr. Rajendra Anbhule for Respondent
                                  ************

                                   CORAM : MADHAV J. JAMDAR, JJ.

                                   DATE    :   SEPTEMBER 18, 2021
       P.C. :

1. Heard Mr. S.S. Pathak, learned Advocate appearing for Applicant and Mr. Yunus Vakharia, instructed by Mr. Rajendra Anbhule, learned Advocate for Respondent No.1.

2. Mr. Pathak states that Applicant has instructed him to appear in the matter. He undertakes to file Vakalatnama within a period of four weeks.

3. Mr. Pathak states that there is a delay of 78 days in filing the first appeal. He submitted that the impugned judgment and order is dated 13th March,2015 and the appeal is filed on 21 st July, 2015. He submitted that therefore there is a delay of about 78 days in filing the appeal. He submitted that some time was

22- caf 563 OF 2016

required for taking opinion of legal advisers about feasibility of filing the appeal and, therefore, some delay has occurred in that process.

4. Mr. Yunus Vakharia , learned Advocate for Respondent No.1 submitted that no sufficient reasons are set out and, therefore, he strongly opposed granting application for condonation of delay.

5. The factual aspect shows that the impugned order is dated 13th March, 2015. The Applicants applied for certified copy on 23rd July, 2015 and the certified copy was delivered on 23 rd July, 2015. The appeal is filed on 21st July, 2015. The reasons are set out in paragraph 4 of the civil application. The delay is not inordinate. The reasons set out in paragraph 4 show that the papers were placed before different authorities and the legal advisers and after obtaining their opinion, the first appeal is filed. Therefore, this application seeking condonation of delay deserves to be allowed.

6. Civil Application is allowed and disposed of in terms of prayer clause (a). No order as to costs.

(MADHAV J. JAMDAR, J.)

V A Tikam