1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AURANGABAD CIVIL APPLICATION NO. 628 of 2008 IN FIRST APPEAL ST. NO. 22526 of 2007 National Insurance Company Limited ... Appellant VERSUS Ankush Kaduba Doiphode & others .... Respondents ..... Shri D.V. Soman, advocate for the applicant. Shri B.V. Dhage, advocate for respondent Nos. 1 & 2. S. Quzi, advocate for respondent Nos. 3 & 4 absent. Respondent Nos. 5 & 6 absent in spite of service. ..... CORAM : SHRIHARI P.DAVARE, J. DATED : 09th December, 2009 PER COURT : 1 Perused. Heard learned counsel for the applicant. 2 The applicant (Original Respondent No. 3) has preferred the present application for condonation of delay of 37 days caused in filing the accompanying First Appeal, challenging 2 the judgment and award dated 18-07-2007 rendered by by learned Member, Motor Accident Claim Tribunal, Aurangabad in M.A.C. Petition No. 23 of 2005. 3 Learned counsel for the respondent Nos. 1 & 2 opposed the present application vehemently and submitted that the present application bears no substance and is devoid of any merit and same be rejected. On perusal of averments made in the present application and rival contentions of the parties, it appears that the reasons for the delay occurred in filing the accompanying First Appeal have been explained in para No. 2 of the present application. Moreover, the said delay does not appears to be deliberate, willful or intentional and, therefore, same is required to be condoned in the interest of justice. 5 In the result, present application is allowed in terms of prayer clause ‘B’ thereof and delay of 37 days caused in filing the accompanying First Appeal stands condoned. Accompanying First Appeal be registered and numbered accordingly. (SHRIHARI P. DAVARE, J.) SDM/CA628.08