1 IN THE HIGH COURT OF JUDICATURE AT MUMBAI CIVIL APPELLATE JURISDICTION WRIT PETITION NO.55 OF 2009 Branch Manager, Oriental Insurance Company Ltd. .. Petitioner. Vs. Prabhakar Narayan Kulkarni & Ors. .. Respondents. Mr.J.S.Chandnani for the petitioner. Ms.Arati B.Barve for respondent no.3. Coram: D.B. BHOSALE, J. Dated : 27TH AUGUST, 2009 P.C. . Heard learned counsel for the parties. 2. Rule. By consent, rule made returnable forthwith. Learned counsel appearing for respondent no.3 waives service. By consent, the petition is taken up for hearing and final disposal at the admission stage itself. 3. The petitioner seeks leave to delete respondent nos.4 and 5. Leave is granted. Amendment to be carried out forthwith. None appears for respondent no.2, though served. 4. The petitioner – insurance company has challenged the order dated 4.8.2008 whereby application dated 4.8.2008 (Exhibit-22) filed by the petitioner has been rejected. By that application the petitioner prayed for setting aside the order dated 7.3.2008. By the order dated 7.3.2008, the motor accident 2 claims application was directed to be proceeded exparte against the petitioner. The petitioner has stated in the application that 7.3.2008 was fixed as a date for their appearance and since they could not appear, the tribunal passed the order to proceed exparte against the petitioner. It is true that there is delay in filing the application for setting aside the order dated 7.3.2008. The delay is not inordinate and the tribunal could have condoned the same by compensating the claimants by imposing costs on the petitioner. Having considered overall facts and circumstances of the case and in order to meet the ends of justice I dispose of this writ petition by the following order: The orders dated 4.8.2008 and 7.3.2008 are set aside subject to payment of costs by the petitioner of Rs.10,000/- to the claimant – respondent no.2. The petitioner shall pay costs to respondent no.2 by demand draft within the time stipulated. The petitioner is also directed to place the written statement on record within four weeks from today failing which the tribunal shall proceed to decide the claim application, bearing M.A.C. Application No. 78 of 2007, without written statement. The hearing of M.A.C. Application No.78 of 2007 is expedited. With these observations the rule is made absolute. (D. B. Bhosale, J.)