1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.3160 OF 2010 IN FIRST APPEAL STAMP NO.21081 OF 2010 The President, Shri.Sant Gadge Maharaj Mission Charitable Trust .. Applicant V/s Mandakini Shankar Bankar & Ors. .. Respondents Mr.Prashand D.Patil for the Applicant. Mr.S.A.Salunkhe for Respondent Nos.1 to 6. Mr.Indrajeet Kulkarni for Respondent No.8. CORAM: A.S.OKA, J. DATE: 25th November, 2010. P.C.: 1. Heard the learned counsel appearing for the parties. This application is for condonation of delay of five years and 328 days caused in preferring an appeal against an award made by the Motor Accident Claims Tribunal granting compensation to the Respondent Nos.1 to 6. 2. A specific contention has been raised in paragraph No.3 of the application that the notice of the claim petition was not served to the applicant and therefore the claim petition proceeded in the absence of the applicant. 3. There is a reply filed by the 1st Respondent in which it is stated that the notice of the claim petition was served to the applicant on 16th April, 2001 and on receipt of the notice, the applicant addressed a letter dated 2 27th April, 2001 to the Superintendent of the Motor Accident Claims Tribunal contending that the vehicle in question was already handed over to the 3rd party before the date of an accident. A copy of the said letter dated 27th April, 2001 is annexed to the application. The contents of the affidavit in reply show that in April, 2001 the applicant had knowledge about the pendency of the claim petition. In the claim petition filed in the year 1998, an award was made on 21st June, 2004 and the present appeal was lodged in the year 2010. 4. Hence, no case is made out for condoning the gross delay of five years and 328 days. Application is rejected. 5. The amount deposited by the applicant shall be transferred to the concerned Tribunal. The concerned Tribunal will pass an order as regards the disbursement of the amount. (A.S.OKA, J.)