Yojana Constructions v. The Regional Director, Employees State Insurance Corporation Thane And ANR.

13 Ia-348-2025.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO. 348 OF 2025 IN FIRST APPEAL st. NO. 33920 OF 2024 Yojana Constructions ...Appellant.

Versus

The Regional Director, Employees State Insurance Corp and Another.

...Respondents.

------ Mr. P. M. Bhagat for the Appellant.

Ms. Seema Chopda for Respondent No. 1.

------ Coram : Sharmila U. Deshmukh, J.

Date : January 15, 2025.

P. C. :

1.

Heard.

2.

Interim Application has been preferred seeking condonation of delay of 103 days caused in filing the First Appeal. Learned Counsel appearing for the Appellant would submit that certified copy of impugned judgment and order was received on 12th June 2024 and was collected on 16th June 2024. He submits that subsequently legal opinion was sought as regards challenging the same which took some time and therefore delay of 103 days has been caused in filing the present First Appeal.

3.

Learned Counsel appearing for the Respondent No.1 opposes Patil-SR 1 of

13 Ia-348-2025.doc the Application and would submit that no sufficient explanation has been set out in the Application for condonation of delay. 4.

The Application pleads that judgment was passed on 19th April 2024 and the copy was received on 15th June 2024 and after legal opinion was obtained, present Appeal came to be filed. The Appellant is a partnership firm and a collective decision had to be taken after obtaining legal opinion. As such delay of 103 days is sufficiently explained. It is well settled that it is not each and every day's delay which is required to be explained. Considering the explanation given in the Application, delay of 103 days being not an inordinate unexplained delay, is hereby condoned. Interim Application stands disposed of. [Sharmila U. Deshmukh, J.] Patil-SR 2 of Signed by: Sachin R. Patil Designation: PS To Honourable Judge Date: 16/01/2025 18:34:21