1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.9594 OF 2009 IN FIRST APPEAL STAMP NO.18614 OF 2009 Rajabhau s/o Nilkanth Dagade & anr. ... APPLICANTS VERSUS Balaji s/o Tukaram Reddy @ Gurade & anr. ... RESPONDENTS ..... Shri D.M. Autade, Advocate for the applicants Shri V.R. Mundada, Advocate for respondent No.2. Respondent No.1 absent in spite of service. ..... CORAM : S.B. DESHMUKH AND SHRIHARI P. DAVARE, JJ. DATED : 1st December, 2009. ORAL ORDER (PER DAVARE, J.): 1. Perused. Heard learned counsel for the parties. 2. The applicants (original claimants) have preferred the present application for condonation of delay of 176 days caused in filing the accompanying First Appeal, challenging the judgment and award passed by the Motor accident Claims Tribunal and Ex-Officio Member, Motor 2 Accident Claim Tribunal, Latur. Learned counsel for respondent No.2 opposed the present application vehemently and submitted that the present application bears no substance and same is devoid of any merits and, therefore, same be rejected. 3. Considering the averments in the application and also after considering the rival contentions of the parties, it appears that the reason put forth for the delay is paucity of funds which is explained in paragraph No.5 of the present application satisfactorily. Moreover, it also appears that the said delay is not willful, deliberate and intentional and hence, same is required to be condoned in the interest of justice. 4. In the result, present Civil Application is allowed in terms of prayer clause (B) thereof and delay of 176 days caused in filing the accompanying First Appeal stands condoned and accompanying First Appeal be registered and numbered accordingly. Appellant to supply the copy of the appeal memo to learned counsel for respondent No.2 during the course of the day. First Appeal be listed for admission on 5th January 2010 (SHRIHARI P. DAVARE, J.) (S.B. DESHMUKH, J.) fmp/ca12509.09