1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 4319 OF 2009 IN FIRST APPEAL ST. NO. 4013 OF 2009 National Insurance Co. Ltd. ..Applicant VERSUS Gouskhan Nawazkhan Pathan & ors. ..Respondents ..... Shri S.V.Kulkarni, advocate for the applicant ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 8th September, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant/appellant has preferred the present application for condonation of delay of 28 days in filing the accompanying First Appeal challenging the judgment and award 2 dated 22.10.2008 passed by learned Member, Motor Accident Claims Tribunal, Gangakhed, District Parbhani in M.A.C.Petition No. 132 of 2005. 3 It is the contention of the applicant that after passing of the afore said judgment and award on 22.10.2008, the applicant applied for the certified copies of the said judgment and award on 17.11.2008 and obtained the same on 21.11.2008. Thereafter on receipt of the said certified copies of the judgment and award, advocate forwarded the same to the Divisional office of the applicant company at Nanded on 29.11.2008 which was received by the said office on 2.12.2008. Thereafter said certified copies were forwarded to the Regional Office of the company at Pune to take the decision regarding filing the appeal. Thereafter the Regional Office, Pune vide its letter dated 28.1.2009 accorded sanction to file the appeal, which was received by the Divisional Office, Nanded and was informed to Aurangabad office and thereafter the papers were handed over to local advocate on 29.1.2009 and accompanying First Appeal came to be filed on 6.2.2009. Accordingly, it is the contention of the applicant that delay of 28 days was caused in filing the accompanying First Appeal beyond the period of limitation. 3 4 The applicant submits that the said delay of 28 days in filing the First Appeal is minor. The applicant further submits that the applicant has good case on merits and has every hope to succeed in the First Appeal. The applicant also submits that delay occurred in filing First Appeal is not intentional, deliberate and willful and certainly not inordinate and, therefore, prayed that same be condoned in the interest of justice. It is further submitted that no prejudice would be caused to the respondents, if the present application is allowed, since the respondents would get the opportunity to contest the First Appeal on merits. 5 Considering the averments made in the present application, more particularly in para nos. 2, 3 and 4 thereof and also considering the submissions advanced by the applicant, it is apparent that the delay of 28 days caused in filing the accompanying First Appeal does not appear to be willful, deliberate or intentional and is not inordinate and hence, same is required to be condoned in the interest of justice. 6 In the circumstances, the Civil Application is allowed in terms of prayer clause ‘B’ and 28 days delay caused in filing the accompanying First Appeal stands condoned. The accompanying 4 First Appeal be registered and numbered accordingly. Civil Application stands disposed of. (SHRIHARI P. DAVARE, J.) dbm/ca4319.09