1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. CIVIL APPLICATION NO.8200 OF 2006 IN FIRST APPEAL (Stamp) No.15541 OF 2006 Maharashtra State Road Transport, through the Divisional Controller, Dhule Division, Dhule. applicant versus Shivaji s/o Baburao Patil respondents/ and others No.1 original claimant, No.2 orig.resp No.2 ------- Shri D.S.Bagul, Advocate for the applicant. Shri Rahul Patil, Advocate for Respondent No.1 (absent). Shri A.R.Kawalekar, Advocate, holding for Shri P.R. Patil, Advocate for Respondent No.2. Respondent Nos.3 and 4, although served, are absent.Shri K.T.Shirurkar for Respondent No.5. -------------------------------------------------------- Coram : Shrihari P. Davare, J. Date : 27th August, 2010 P.C. 01. This is an application preferred by the applicant for condonation of delay 266 caused in filing first appeal which is on stamp number, challenging the judgment and award dated 8.8.2005 passed by the learned Member, Motor Accident Claims Tribunal, Dhule, in Motor Accident Claims Petition No. 310 of 2002. 2 02. Learned Counsel for Respondent No.5 opposed present applicant vehemently, and submitted that it bears no substance and same is devoid of merits and, therefore, same be rejected. 3. After considering rival submissions advanced and after considering reasons given in the application, it appears that the applicant has explained the delay satisfactorily. Moreover, it also appears that the said delay is not wilful, deliberate and intentional and, therefore, same deserves to be condoned in the interest of justice. 4. In the result, present application is allowed in terms of prayer clause (B) thereof and the delay of 266 days in filing the accompanying first appeal, which is on stamp number, stands condoned. First appeal be registered and numbered. Present application stands disposed of, accordingly. (Shrihari P. Davare, J.) pnd/ca8200.06 3