1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAF NO. 330/2009, 331/2009, 332/2009 & 333 OF 2009 IN FA ST. NO. 19605 OF 2008 (Smt. Namrata wd/o Jaswant Saonole & Anr. vs. Sau. Charulata Sunil Bhosle & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI & F.M. REIS, JJ. SEPTEMBER 15, 2009. Heard Shri Dubey, learned counsel for the applicants. Civil Application No. 330 of 2009 is for condonation of delay of 135 days in filing First Appeal under Section 173 of Motor Vehicles Act. The other applications are for condonation of delay in bringing Legal representatives of deceased respondents No. 5 & 6 on record, for seeking leave to bring them on record and for setting aside abatement. Shri Anthony, learned counsel for respondent No.4 – Insurance company states that this Court may pass appropriate orders but heavy cost should be imposed. Learned counsel for respondents No.5(a) and 6(a) legal heirs have no objection. The other respondents have chosen not to appear though served. The appeal and applications are by the 2 claimants before the M.A.C.T. There were total three accident claims and hence claimants have advised filing of three appeals but their advocate in stead of seeking three certified copies, sought only two certified copies and therefore, third appeal i.e. present matter got delayed. We do not find any malafides in the matter and hence all applications are granted. However, the applicants shall pay cost of Rs.500/- to respondents No. 4, 5(a) & 6(a). The costs be paid by 12.10.2009. If the cost is paid, office to register First Appeal and place it for further consideration. JUDGE JUDGE GS.