1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR MISC. CIVIL APPLICATION NO. 566 OF 2009 IN CIVIL APPLICATION NO. 656 OF 2008 IN FIRST APPEAL NO.218 OF 2009 (The New India Assurance Co. Ltd. vs. Smt. Dizma wd/o Purushottam Tembhurnikar and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri A.H. Patil, Advocate for the applicant. Shri S.B. Bangde, Advocate for the respondent nos. 3 and 4. ------ CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JUNE 17, 2010 Heard learned Counsel for the parties. By this miscellaneous civil application, the applicant has prayed for restoration of its application for condonation of delay in filing the first appeal. By consent, this miscellaneous civil application is allowed. Civil Application 2 No.656/2008 for condonation of delay is restored to file. CIVIL APPLICATION NO.656 OF 2008 Heard Shri Patil, learned Counsel for the applicant, and Shri Bangde, learned Counsel for the respondent nos. 3 and 4. None appears for the other respondents though served. By this civil application, applicant Insurance Company has prayed for condonation of 53 days' delay in filing the first appeal. In the first appeal, the appellant Insurance Company has challenged the order of enhancement of compensation awarded by the Tribunal. Shri Patil, learned Counsel for the applicant, submits that applicant Insurance Company is prepared to deposit the entire amount of compensation in this Court within a period of six weeks from today. The statement of the learned Counsel for the applicant is accepted. In view thereof and for the reasons stated in the civil application, the civil 3 application is allowed. The delay in filing first appeal accordingly stands condoned. JUDGE JUDGE khj