(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 7978 OF 2009 General Manager, Godavari Shugar Mills Ltd., Unit No.3 on rent basis, Pratapgad Sahkari Sakhar Karkhana Ltd., Songaon, Karandoshi, Taluka : Jawali, Dist. Satara, Through known person viz. Deepak Popatrao Nibalkar, Age : 32 years, Occupation : Service, R/o. Pratapgad Sahkari Sakhar Karkhana Ltd., Songaon, Karandoshi, Taluka : Jawali, District : Satara. .. Petitioner. versus 1. Vaishali w/o. Tukaram Gat, Age : 29 years, Occupation : Agriculture & Household, R/o. Shripur (Gat), Taluka : Shirur (Ka.), District : Beed. 2. Rameshawar s/o. Tukaram Gat, Age : 10 years, minor, U/g. of mother, R/o. as above. (2) 3. Jyoti d/o. Tukaram Gat, Age : 12 years, Under guardianship of mother viz. Vaishali w/o. Tukaram Gat. .. Respondents 4. Rajaram s/o. Ramchandra Nale, Age : Major, Occupation : Mukadam (Sugarcane), R/o. At Post Jawali, Taluka : Phaltan, District : Satara. 5. Executive Director, Maharashtra State Cooperative Bank Ltd., .. Respondent Mumbai, Regional Office, nos.4 and 5 Aurangabad. deleted. .......................... Mr. B.B. Yenge, Advocate, for the petitioner. Mr. S.G. Chapalgaonkar, Advocate, for respondent nos.1 to 3, caveators. Respondent nos.4 and 5 deleted. .......................... CORAM : B.R. GAVAI, J. DATE : 10TH DECEMBER 2009. (3) ORAL JUDGMENT : 1. The learned Counsel appearing for the petitioner seeks leave to delete respondent nos.4 and 5. Leave granted. The respondent nos.4 and 5 stand deleted at the risk of the petitioner. 2. Rule. Rule made returnable forthwith. Heard by consent. 3. By way of present petition, the petitioner challenges the order dated 16th October 2009, passed by the learned Civil Judge (Senior Division), Beed, in Miscellaneous Civil Application No. 130/2009, thereby rejecting the application filed by the present petitioner for condonation of delay in filing application for setting aside ex parte award. 4. The respondents had filed Workman Compensation Application No. 21/2008, before the learned Workman Compensation Commissioner and Civil Judge (Senior Division), Beed. In the said proceedings, though the petitioner was duly served, he did not contest the matter and, as such, award came to be passed ex parte. The petitioner, therefore, filed application for setting aside the ex parte award. Since there was delay of 48 days, an application for condonation of delay was also filed. The said application is rejected. Hence, the present petition. 5. The learned Judge, while rejecting the application, has held that the petitioner has failed to make out a case of "sufficient cause" for (4) condoning the delay. It has been found that from the witness of the petitioner itself, it appeared that the said witness was aware about the proceedings pending before the learned Judge. It has further been found that inspite of this, the petitioner had not appeared in the proceedings and as such, no case was made out for condonation of delay. 6. From the record, it appears that though the petitioner had engaged a Counsel, he did not contest the matter and, as such, the matter was decided ex parte. I find that it would not be in the interest of justice to penalize the present petitioner for the mistake committed by the lawyer. In that view of the matter, in the peculiar circumstances of the case, I am inclined to allow the petition. However, at the same time, the respondents claimants will have to be compensated as for no fault of them, they are required to prosecute the application for condonation of delay before the learned Judge and also before this court. 7. It is further stated at the Bar, that in pursuance to the award, an amount of Rs. 7,37,754/- has already been deposited before the learned Civil Judge (Senior Division), Beed. 8. Hence, I pass the following order : (i) The order dated 16th October 2009, passed by the learned Civil Judge (Senior Division), Beed, in Miscellaneous Civil Application No. 130/2009, is quashed and set aside, and the delay in filing application for setting aside ex parte order is condoned. The learned Judge of the trial court shall consider the application filed by the present petitioner for (5) setting aside ex parte order, on its own merits. (ii) The present petition is allowed, however, subject to payment of costs quantified at Rs. 25,000/- (Rupees twenty five only). The said costs shall be deposited by the petitioner in the court of Civil Judge (Senior Division), Beed, within a period of four weeks from today. On deposit of costs, the respondents claimants shall be at liberty to withdraw the same. (iii) The respondents claimants shall also be at liberty to withdraw an amount of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) from the amount deposited towards the award before the learned Civil Judge (Senior Division), Beed. However, this shall be subject to the result of the further proceedings pending before the learned Civil Judge (Senior Division), Beed. 9. Rule is made absolute in the aforesaid terms. There shall be no order as to costs. ( B.R. GAVAI ) JUDGE ......................... bgp/wp7978