1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13225 OF 2008 IN FIRST APPEAL STAMP NO. 25286 OF 2008 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mr. S.S.Shete, Advocate for the applicant. Mr. B.V. Dhage, Advocate for Resp. no. 1. ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 26/10/2010 PER COURT : 1. This is an application for condonation of delay in filing First Appeal against the Award passed by the Tribunal under the provisions of the Motor Vehicles Act. 2. Mr. Shete, the learned counsel for the applicant states that the delay is caused because of the fact that the applicant was not aware of the Judgment and Award passed by the Tribunal. It is only when the news appeared in the news paper about the Award being passed, the applicant got knowledge and thereafter he has taken steps. 2 3. Mr. B.V. Dhage, the learned counsel for respondent no. 1 vehemently opposed the application stating that the delay caused is inordinate. There are no sufficient grounds. It is the obligation of the applicant to contact his Advocate. For his own fault, the applicant can not be given the premium. On these grounds, Mr. Dhage, the learned counsel prays to dismiss the application for condonation of delay. 4. The perusal of the application shows that the applicant had engaged Advocate, but thereafter had not appeared in the proceedings. Even the Written Statement was not filed. It is only when the warrant of attachment was issued and the news flashed in the news paper, the applicant got the knowledge. 5. It is trite law that when there are procedural technicalities and the cause of substantial justice, the cause of substantial justice shall prevail. The applicant is not going to gain anything by causing delay. The expression “ sufficient cause ” has to be liberally construed. 6. However, because of the delay caused, the non applicant has to suffer hardship and for that he deserves to be compensated. The present Civil Application is allowed. The delay is condoned on condition that the applicant pays to the non applicant no. 1/original claimant costs of Rs. 10,000/- ( Rupees Ten Thousand only ) within 3 the period of 4 weeks from today. The present Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 13225.08 in FA St. 25286.08