1 Caf-4330.10 Ash FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 4330 OF 2010 IN FIRST APPEAL ST.NO. 28858 OF 2010 Office Notes, Office memorandum of Coram, appearances, Court’s Court’s or orders or directions & Judge’s orders. Registrar’s orders. Shri S.S. Jinsiwala for the Applicant. -- CORAM : A.S.OKA, J. DATE : 22ND DECEMBER, 2010 P.C.: . Perused the order dated 30th November, 2010. By way of indulgence, this Court permitted the Applicant to file additional affidavit for explaining the delay. Accordingly, the additional affidavit of Deputy Manager of the Applicant has been filed. I have perused the affidavit. 2. It must be noted here that the award subject matter of challenge is dated 16th December, 2008 directing the Applicant to pay compensation of Rs. 25,000/- on account of “No Fault Liability” under Section 140 of the Motor Vehicles Act, 1988. Even in the 2 Caf-4330.10 additional affidavit, there is no explanation as to why till July, 2010, the Applicant was not aware of the impugned award passed on 16th December, 2008. Thus, there is a gross unexplained delay. No case is made out for condonation of delay. The Application is rejected. It is, however, made clear that all the contentions of the Applicant in the main claim Petition under Section 166 of the said Act are kept open and the said contentions shall be decided by the Tribunal without being influenced by the impugned judgment and award. The amount of statutory deposit made by the Applicant shall be transferred to the Tribunal. (A.S.OKA, J)