-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F.NO. 60/2009 IN F.A.ST.NO. 20182/2008 ( United India Insurance -versus- Ambadas Mayaram Ishwarkar ) ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram appearances, Court's orders or Directions Court's or Judge's Orders. And Registrar's Orders. ----------------------------------------------------------------------------------------------------------------------------------- CORAM : B.P.DHARMADHIKARI, J. DATED : FEBRUARY 26, 2009. Heard. Prayer is to condone delay of 136 days in filing appeal under Section 173 of the Motor Vehicles Act. Advocate Shri Pophaly, points out that because concerned officer was transferred, on account of administrative problems, the appeal could not be filed immediately. Advocate Shri Khan, who appears for respondent no.1 strongly opposes the prayer for condonation of delay. He states that apart from pointing out that the officer was transferred from particular table to some other table, there are no other convincing reasons for condoning the delay. With his assistance I have perused the application for condonation of delay, and I find that the dealing officer at the Regional Office was -2- transferred to Mumbai from Nagpur and there was no body to look after the legal matters and hence applicant prayed for condonation of delay. The reason does not appear tobe malafide. The entire amount under award is already deposited, hence delay is condoned, however, the same is subject to appellant paying cost of Rs.1000/- to the respondent no.1 by 16.03.2009. If the costs are so paid, office to register the appeal and list it for further consideration. Civil Application is accordingly allowed. JUDGE Rgd.