Mpt CAF No.2317/10 FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL APPLICATION NO.2317 of 2010 IN FIRST APPEAL St.No.15642 of 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders ------------------------------------------------------------------------------------------------------------------ Mr.I.R. Kulkarni for the applicant. CORAM : D.G. KARNIK, J DATE : 10th February 2011 P.C. : 1. Heard learned counsel for the applicant. 2. This is an application for condonation of delay in filing of an appeal. By reason of non compliance of the conditional order dated 25 October 2010, civil application has been dismissed against respondent no.4. No steps have been taken for setting aside the said order of dismissal. The dismissal has therefore become final qua the respondent no.4. 3. The appeal arises out of an award passed by the Motor Accident Claims Tribunal. Respondent no.4 in the application is the owner of the offending motor vehicle. The liability of the applicant insurance company is to indemnify the respondent no.4 – original owner under the contract of insurance. Since the award has become final qua the respondent no.4 and the delay condonation application against him has been dismissed, in my view, the delay condonation application can no longer survive and is accordingly dismissed. (D.G. KARNIK, J.)