1 C.A. No.4231.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.4231 OF 2010 IN FIRST APPEAL ST. NO.7683 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders Mr. M.R. Choudhary, Advocate for applicant. Mr. M.K. Goyanka,Advocate for Resp.No.2. .... CORAM: K.K. TATED, J. DATE : 10TH DECEMBER, 2010. . Heard learned Counsel for the parties. Though respondent No.1 is duly served, no one appeared on her behalf when the matter was called out. 2. Present Civil Application is preferred by the original claimant for condonation of 140 days delay in preferring the appeal against the judgment and award dated 08-07-2009 passed by the learned Member, M.A.C.T. Ambajogai in M.A.C.P. No.132/2007. 2 C.A. No.4231.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders 3. The learned Counsel appearing on behalf of respondent No.2 Insurance Company seeks some time to file affidavit in reply. Though Civil Application is served on them long back, they failed to file their reply. Therefore, there is no question of granting time for that purpose. 4. The learned Counsel appearing on behalf of the applicant states that the applicant took some time to collect the documents from his Advocate to file appeal against the impugned judgment and order dated 08-07-2009. The explanation is given in Para-2 and 3 of the Civil Application. 5. Considering the reasons given in Para-2 and 3 of the Civil Application, I am of the opinion that the applicant made 3 C.A. No.4231.10 Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders. Court’s or Judge’s Orders out sufficient cause for condonation of delay. Civil Application is allowed in terms of prayer clause (B) which reads as under. "(B) The delay of 140 days caused to file appeal deserves to be condoned in the interest of justice and first appeal may please be registered as if filed within limitation." 6. Civil Application is disposed of accordingly. [K.K. TATED,J.] sut/DEC10/ca4231.10